Ch. 552

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Tax - Property

13-301.

(d) (1) "Total value" means the value of [agricultural
land] THE PROPERTY as stated in the most recent assessment roll.

(2) "Total value" includes any adjustment in the
value of improvements that result from an increase in
construction costs as determined by the Department as of the most
recent date of finality.

13-304.

(a) The agricultural land transfer tax is imposed on the
consideration payable for the instrument of writing less:

(1)  the total value of any improvements on the
[agricultural land] PROPERTY; and

(2)  the total value of any [agricultural] land not
subject to the agricultural land transfer tax.

13-305.

(a)  An instrument of writing is not subject to the
agricultural land transfer tax, if property tax on the land has
been paid for 5 full consecutive taxable years before the
transfer on the basis of an assessment other than the farm or
agricultural use assessment under § 8-209 of this article.

(b)  If the amount of agricultural land transferred is not
greater than the applicable residential minimum zoning size in
effect at the time of transfer, an instrument of writing for the
residential use of the owner of the agricultural land or the
owner's immediate family is not subject to the agricultural land
transfer tax.

(c)  (1) Except as provided in paragraph (2) of this
subsection, an instrument of writing that transfers title to [20
acres or more of] agricultural land that is eligible for farm or
agricultural use assessment under § 8-209 of this article is 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 agricultural land

that specifies that ALL OF the transferred agricultural land will

remain in farm or agricultural use for at least 5 full
consecutive taxable years; and

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