Ch. 50                                    LAWS OF MARYLAND

monuments, parkways, and State recreational reserves, using for
these purposes any special appropriation or surplus money not
otherwise appropriated, which is standing to the credit of the
Forest Reserve or Park Reserve Fund. However, an individual tract
of land [in excess of 100 acres] OR EASEMENT may not be purchased
in Garrett County, except with the approval of the county
commissioners of that county. The Department may accept any gift
of land in the name of the State to be held, protected, and
administered by the Department as State parks, forests, or other
reserves, and used to demonstrate the practical utility of the
land for recreational areas, State parks, scenic preserves,
parkways, historic monuments, timber culture, water conservation,
and as a breeding place for wildlife. Any gift shall be absolute
except for the reservation of mineral and mining rights over and
under the land, and a stipulation that it shall be administered
for State forest, park, or recreation purposes.

(2)  Notwithstanding any other provision of this Code,
EXCEPT PARAGRAPH (4) OF THIS SUBSECTION after June 30, 1986, the
Department may not use any funds, whether under Program Open
Space or otherwise, to acquire ANY land in Garrett County in
excess of the total amount of land owned by the Department in
that county on June 30, 1986. This paragraph (2) of this
subsection does not prohibit the Department from [using any funds
to exchange] EXCHANGING land in Garrett County, as long as the
total acreage does not exceed that amount owned by the Department
on June 30, 1986.

(3)  (I) THE GENERAL ASSEMBLY HAS ESTABLISHED A POLICY
TO LIMIT THE TOTAL AMOUNT OF LAND THAT THE DEPARTMENT MAY OWN IN
GARRETT COUNTY THAT IS EQUAL TO THE TOTAL AMOUNT OF LAND OWNED BY
THE DEPARTMENT ON JUNE 30, 1986.

(II)     THE DEPARTMENT AGREES THAT THEIR
OWNERSHIP OF LAND IN GARRETT COUNTY SHALL BE LIMITED AS PROVIDED
IN THIS SUBSECTION.

(III)  THE DEPARTMENT AGREES TO ACQUIRE LAND
WITHIN THE SCENIC CORRIDOR OF THE YOUGHIOGHENY RIVER, AS DEFINED
IN § 8-408 OF THIS ARTICLE, AND OTHER LAND IN GARRETT COUNTY TO
CONSOLIDATE ITS GEOGRAPHICALLY SEPARATED HOLDINGS IN THE COUNTY.

(IV)  THE DEPARTMENT SHALL MEET ITS NEEDS FOR
LAND IN GARRETT COUNTY BY ACQUIRING THE LAND ONLY FROM WILLING
SELLERS, UNLESS THE BOARD OF COUNTY COMMISSIONERS OF GARRETT
COUNTY AGREES OTHERWISE PROVIDED THAT THE DEPARTMENT MAY ACQUIRE
BY CONDEMNATION EASEMENTS OF THE MINIMAL EXTENT NECESSARY FOR
ACCESS OR UTILITY SERVICE TO LANDS OF THE DEPARTMENT IF THERE IS
NO ALTERNATIVE LOCATION OR MEANS OF PROVIDING THE ACCESS OR
SERVICE.

(V)  THE GENERAL ASSEMBLY INTENDS THIS
SUBSECTION TO ESTABLISH A WORKABLE FRAMEWORK WITHIN WHICH THE

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