2780                                          LAWS OF MARYLAND                                     Ch. 566

not subject to the agricultural land transfer tax, if the
transferee:

(i) files with the supervisor before the
transfer a declaration of intent to farm the land and the
declaration that specifies that:

1.  ALL the agricultural land will remain
in farm or agricultural use for at least 5 full consecutive
taxable years; and

2.  The nature or type of agricultural
activity on ALL the agricultural land together with the amount of
the agricultural land that is in farm or agricultural use is
reasonably expected to produce an average annual gross income of
$2,500; and

(ii) applies for farm or agricultural use
assessment for ALL the agricultural land that is transferred.

(2)  If there is a failure to comply with a
declaration of intent filed under paragraph (1) of this
subsection or a failure to qualify for the farm or agricultural
use assessment under § 8-209 of this article during the time that
a declaration of intent is in effect, the agricultural land
transfer tax that would have been payable at the date of transfer
is due plus interest at an annual rate of 12%.

(3)  The tax and interest due under paragraph (2) of
this subsection are a lien on the agricultural land that was
transferred. The lien is due on the earlier date of:

(i) the next date on which property tax on the
agricultural land is due under § 10-102 of this article; or

(ii) the date of the next transfer of any part
of the agricultural land.

(E) (1) AN INSTRUMENT OF WRITING THAT TRANSFERS TITLE TO
LESS THAN 20 ACRES OF AGRICULTURAL LAND THAT IS ELIGIBLE FOR FARM
OR AGRICULTURAL USE ASSESSMENT UNDER § 8-209 OF THIS ARTICLE IS
SUBJECT TO THE AGRICULTURAL LAND TRANSFER TAX AS PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, IF THE TRANSFEREE:

(I) FILES WITH THE SUPERVISOR BEFORE THE
TRANSFER A DECLARATION OF INTENT TO FARM THE LAND THAT SPECIFIES
THAT PART OF THE AGRICULTURAL 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 OR TYPE
OF AGRICULTURAL ACTIVITY TOGETHER WITH THE AMOUNT OF LAND THAT IS
IN FARM OR AGRICULTURAL USE; AND