|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 351
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(iii) 1. In the case of the termination of an easement that was
originally purchased under a matching allotted purchase, the Foundation shall
distribute to the contributing county a portion of the repurchase payment received
under subparagraph (i) of this paragraph that is equal to the percentage of the
original easement purchase price contributed by the county.
2. A. From the funds distributed to a county under this
subparagraph, the county shall deposit in the county's special account for its
agricultural land preservation program an amount that is at least equal to the
percentage of the original easement purchase price that was paid out of the special
account.
B. If any of the funds deposited in the county's special
account have not been expended or committed within 3 years from the date of deposit
into the special account, the county collector shall remit those funds to the
Comptroller for deposit in the Maryland Agricultural Land Preservation Fund as
provided in § 13-306(c) of the Tax - Property Article.
3. The county shall deposit the balance of the funds
distributed to it under this subparagraph in the county's general fund.
4. If an easement is terminated, the Foundation shall deposit
its portion of the repurchase payment in the Maryland Agricultural Land
Preservation Fund as provided under § 2-505 of this subtitle.
(g) If the request for termination is denied, or if the landowner fails to
repurchase the easement within 180 days of the appraisal, the landowner may not
again request termination of the easement until five years after his last request for
termination.
(h) A landowner may not terminate an easement purchased using an
installment purchase agreement, as provided in § 2-510(k) of this subtitle.
(i) (1) This subsection applies only to easements that the Foundation
acquires on or before September 30, 2004.
(2) Before deciding on a request for termination of an easement, the
Foundation shall provide a landowner with the opportunity for a hearing.
(3) Notwithstanding §§ 2-401 through 2-405 of this title, the landowner
may appeal any Foundation denial directly to the circuit court of the county where the
land is located.
(4) The circuit court shall hear and determine the appeal on the record
made in accordance with § 10-222 of the State Government Article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 10, 2005.
|
|
|
|
|
|
|
|
|
|
- 1706 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
