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Session Laws, 1989
Volume 771, Page 1875   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 125

(vi) The amount of the State grant for any project
shall be determined after consideration of:

1.  The senior citizen population density of the
area for which the Senior Citizen Activities Center is proposed;

2.  The proximity of the proposed Center to
existing Senior Citizen Activities Centers; and

3.  Localities eligible for State funding that
have not received funds in the past.

(7)  The Board of Public Works shall make allocations from
funds available under this Act in accordance with this Act. The
Board shall certify the allocations to the proper State officers,
and the Treasurer shall make payments to or on behalf of the
appropriate local government agency, when needed, for eligible
work.

(8)  (i) If, within 30 years after completion of a project,
property with respect to which funds have been paid under this
Act is sold or transferred for use other than as a Senior Citizen
Activities Center or to any person, agency, or organization that
is not approved as a transferee by the Board of Public Works, or
if, within the same period, such property ceases to be operated
as a Senior Citizen Activities Center, then the State may recover
from either the transferor or transferee or, in the case of
property that ceases to be operated as a Senior Citizen
Activities Center, from the owner, an amount bearing the same
ratio to the then current value of so much of the property as
constituted an approved project as the amount of the State
participation bore to the total eligible cost of the approved
project, together with all costs and reasonable attorneys' fees
incurred by the State in the recovery proceedings.

(ii) The Office on Aging shall cause notice of this
right of recovery to be recorded in the land records of the
county or Baltimore City in which the property is located before
the State makes any funds available for the approved project.
The recording of the notice shall not create any lien against the
property; however, it shall constitute notice to any potential
transferee, potential creditor, or other interested party of the
possibility that the State may obtain a lien under this Act.

(iii) In the event of an alleged sale or transfer as
described above, or in the event that property is alleged to have
ceased to be operated as a Senior Citizen Activities Center, the
Secretary of the Board of Public Works may file, in the circuit
court for the county or Baltimore City in which the property is
located, a claim under this Act (styled as a civil action against
the owner of the property and any other interested parties,
including any transferor that the State wishes to make a party),
together with sworn affidavits stating facts on which the

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Session Laws, 1989
Volume 771, Page 1875   View pdf image
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