WILLIAM DONALD SCHAEFER, Governor Ch. 641
grant precedence to a subsequent purchase money mortgage if
necessary for transfer of a benefited property.
(d) Annual installments shall be a personal obligation of
the owner of a benefited property at the time such installments
become due. Sale of a benefited property may not extinguish a
lien under this subtitle, and the purchaser shall in all
instances take the property subject to any outstanding balance of
the total benefit charge still unpaid at the conclusion of the
sale, and shall be required to meet the same annual installments
as previously were being assessed. Any notice of sale shall
clearly identify this potential liability, provided that failure
to so notify may not effect the obligation if the notice of lien
required under § 8-1005(d)(3) is properly filed.
8-1007.
(a) For purposes of § 3-104 of the Real Property Article,
which pertains to payment of taxes as a prerequisite to recording
of any transfer of property, it is sufficient that all current
annual installments of any benefit charge levied under this
subtitle have been paid.
(b) In the case of any subdivision of benefited property
subsequent to the filing of the notice of the lien required under
this subtitle, the benefit charge shall apply:
(1) Except as provided in this subsection, in
proportion to the respective length of the shore erosion control
project abutting each lot; or
(2) If the owners and the Department agree that a
different apportionment would more fairly treat a particular
situation, then in accordance with that agreement.
(c) At the time of levy of any benefit charge under this
subtitle, or apportionment of an existing levy among subdivision
lots, the Department shall notify appropriate tax officials for
inclusion of the assessment in the tax records.
(d) On completion of payment of the total benefit charge
relating to a shore erosion control project, the Department
shall:
(1) Certify to the Board of Public Works for release
of the lien that payment has been completed; and
(2) File a release of the lien in the appropriate
land and tax records.
8-1008.
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