HARRY HUGHES, Governor

2777

NATURE OR TYPE OF AGRICULTURAL ACTIVITY ON ALL THE TRANSFERRED
LAND TOGETHER WITH THE AMOUNT OF THE LAND TRANSFERRED THAT IS IN
FARM OR AGRICULTURAL USE IS REASONABLY EXPECTED TO PRODUCE AN
AVERAGE ANNUAL GROSS INCOME OF $2,500; AND

2. APPLIES FOR FARM OR AGRICULTURAL USE
ASSESSMENT FOR ALL THE LAND THAT IS TRANSFERRED.

(II)  IF THERE IS A FAILURE TO COMPLY WITH A
DECLARATION OF INTENT FILED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH OR A FAILURE TO QUALIFY FOR THE FARM OR AGRICULTURAL
USE ASSESSMENT UNDER § 19(B) OF THIS ARTICLE DURING THE PERIOD OF
TIME THAT A DECLARATION OF INTENT IS IN EFFECT, THE GRANTEE UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH OWES:

1.  THE AGRICULTURAL LAND TRANSFER TAX
THAT WOULD HAVE BEEN PAYABLE AT THE TIME OF TRANSFER; AND

2.  INTEREST AT A RATE OF 12% ANNUALLY
FROM THE DATE OF TRANSFER TO THE GRANTEE WHO SIGNED THE
DECLARATION OF INTENT TO FARM.

(III)  THE AMOUNT OF TAX AND INTEREST OWED UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH IS A LIEN ON LAND THAT WAS
TRANSFERRED. THE LIEN IS DUE ON THE EARLIER DATE OF:

1.  THE NEXT DATE ON WHICH PROPERTY TAX ON
THE LAND IS DUE UNDER § 48 OF THIS ARTICLE; OR

2.  THE DATE OF THE NEXT TRANSFER OF ANY
PART OF THE LAND BEFORE THE PROPERTY TAX ON THE LAND IS DUE UNDER
SUB-SUBPARAGRAPH (1) OF THIS SUBPARAGRAPH.

[(3)] (4) Land or interests in land transferred to
the State of Maryland.

(G) (1) A WRITTEN INSTRUMENT CONVEYING TITLE TO LAND OF
LESS THAN 20 ACRES THAT IS ELIGIBLE FOR FARM OR AGRICULTURAL USE
ASSESSMENT UNDER § 19(B) OF THIS ARTICLE IS SUBJECT TO THE
AGRICULTURAL LAND TRANSFER TAX AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION IF THE GRANTEE:

(I) FILES WITH THE SUPERVISOR BEFORE TRANSFER A
DECLARATION OF INTENT TO FARM THE LAND THAT SPECIFIES THAT PART
OF THE TRANSFERRED LAND:

1.  WILL REMAIN IN FARM OR AGRICULTURAL
USE FOR AT LEAST 5 FULL CONSECUTIVE TAXABLE YEARS; AND

2.   IS REASONABLY EXPECTED TO PRODUCE AN
AVERAGE ANNUAL GROSS INCOME OF $2,500 BASED ON THE NATURE AND
TYPE OF AGRICULTURAL ACTIVITY TOGETHER WITH THE AMOUNT OF LAND
THAT IS IN FARM OR AGRICULTURAL USE; AND