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ROBERT L. EHRLICH, JR., Governor Ch. 412
(C) THE STATE MAY RECOVER FROM EITHER THE TRANSFEROR OR
TRANSFEREE OR, IN THE CASE OF A PROPERTY THAT HAS CEASED TO BE A FACILITY,
FROM THE OWNER, AN AMOUNT BEARING THE SAME RATIO TO THE THEN CURRENT
VALUE OF SO MUCH OF THE PROPERTY AS CONSTITUTED AN APPROVED PROJECT AS
THE AMOUNT OF THE STATE PARTICIPATION BORE TO THE TOTAL ELIGIBLE COST OF
THE APPROVED PROJECT, TOGETHER WITH ALL COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY THE STATE IN THE RECOVERY PROCEEDINGS, IF,
WITHIN 30 YEARS AFTER COMPLETION OF A PROJECT, A PROPERTY FOR WHICH
FUNDS HAVE BEEN PAID UNDER THIS SUBTITLE:
(1) IS SOLD OR TRANSFERRED TO ANY PERSON, AGENCY, OR
ORGANIZATION THAT WOULD NOT QUALIFY AS AN APPLICANT UNDER THIS
SUBTITLE, OR THAT IS NOT APPROVED AS A TRANSFEREE BY THE BOARD OF PUBLIC
WORKS; OR
(2) CEASES TO BE A FACILITY AS DEFINED IN THIS SUBTITLE.
(D) (1) BEFORE THE STATE MAKES ANY FUNDS AVAILABLE FOR AN
APPROVED PROJECT, THE DEPARTMENT SHALL CAUSE A NOTICE OF THIS RIGHT OF
RECOVERY TO BE RECORDED IN THE LAND RECORDS OF THE COUNTY OR
BALTIMORE CITY IN WHICH THE PROPERTY IS LOCATED.
(2) THE RECORDING OF THE NOTICE:
(I) DOES NOT CREATE A LIEN AGAINST THE PROPERTY; BUT
(II) SHALL CONSTITUTE NOTICE TO ANY POTENTIAL TRANSFEREE,
POTENTIAL TRANSFEROR, POTENTIAL CREDITOR, OR OTHER INTERESTED PARTY OF
THE POSSIBILITY THAT THE STATE MAY OBTAIN A LIEN UNDER THIS SUBTITLE.
(E) (1) (I) THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY
AUTHORIZE THE DEPARTMENT TO FILE A CIVIL CLAIM, IN THE CIRCUIT COURT FOR
THE COUNTY OR BALTIMORE CITY IN WHICH THE PROPERTY IS LOCATED, AGAINST
THE OWNER OF THE PROPERTY AND ANY OTHER INTERESTED PARTIES, INCLUDING
ANY TRANSFEROR THAT THE STATE WISHES TO MAKE A PARTY IF:
1. A FAILURE TO COMPLETE THE PROJECT OR COMMENCE
OPERATIONS OF THE FACILITY AS DESCRIBED IN SUBSECTION (B) OF THIS SECTION
HAS OCCURRED;
2. AN ALLEGED SALE OR TRANSFER AS DESCRIBED IN
SUBSECTION (C) OF THIS SECTION HAS OCCURRED; OR
3. A PROPERTY IS ALLEGED TO HAVE CEASED TO BE A
FACILITY AS DEFINED IN THIS SUBTITLE;
(II) THE CLAIM SHALL BE FILED WITH:
1. SWORN AFFIDAVITS STATING FACTS ON WHICH THE
ALLEGATIONS OF DEFAULT ARE BASED; AND
2. A DETAILED JUSTIFICATION OF THE AMOUNT CLAIMED.
- 1923 -
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