WILLIAM DONALD SCHAEFER, Governor Ch. 552

(4)  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
on the land subject to the declaration of intent is due plus
interest at an annual rate of 12%.

(5)  The tax and interest due under paragraph (4) of
this subsection are a lien on the agricultural land that was
transferred. The tax 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.

(6)  A declaration of intent may not be filed under
this subsection, if under current governmental land use
regulations the transferred land:

(i) may only be developed in its entirety; and

(ii) may not be subdivided into 2 or more
parcels which may be developed independently.]

(F) IF THERE IS A FAILURE TO COMPLY WITH A DECLARATION OF
INTENT FILED UNDER SUBSECTION (C) OR SUBSECTION (D) OF THIS
SECTION, THE SUPERVISOR IN DETERMINING THE FAIR MARKET VALUE OF
THE LAND SUBJECT TO THE VIOLATION SHALL:

(1)  IDENTIFY THE SIZE AND LOCATION OF THE LAND BY:

(I)  MAKING A PHYSICAL INSPECTION OF THE
PROPERTY;

(II)  CONSIDERING PERTINENT GOVERNMENTAL RECORDS
SUCH AS BUILDING PERMITS, ZONING MAPS, AND REGULATIONS;

(III)  CONSIDERING INFORMATION PROVIDED BY THE
PROPERTY OWNER; AND

(IV)  DETERMINING THAT IN THE CASE OF THE
BUILDING OF A DWELLING FOR THE RESIDENTIAL USE OF THE OWNER, THE
SIZE OF THE BUILDING SITE IS 1 ACRE UNLESS MORE LAND IS ACTUALLY
USED; AND

(2)  APPRAISE THE LAND UTILIZING GENERALLY ACCEPTED
APPRAISAL APPROACHES INCLUDING CONSIDERATION OF THE SALES OF
COMPARABLE LAND.

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