Ch. 584

1995 LAWS OF MARYLAND

(E) (1) REGARDING ANY PROPOSED ACQUISITION OF REAL PROPERTY FOR
THE USE OF THE DEPARTMENT AFTER JUNE 30, 1995, THE DEPARTMENT MAY SUBMIT
TO THE BOARD OF PUBLIC WORKS FOR APPROVAL AT THE SAME TIME AS THE
ACQUISITION, A PLAN FOR SUBSEQUENT DISPOSITION OF ANY PORTION OF THE
REAL PROPERTY.

(2) WHEN DISPOSING OF PROPERTY PURSUANT TO A PLAN APPROVED
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL IMPOSE
ANY RESTRICTIVE COVENANTS OR CONSERVATION EASEMENTS ON THE PROPERTY
THAT THE DEPARTMENT DEEMS NECESSARY TO PROTECT NATURAL FEATURES OR
TO ASSURE THAT USES OF THE PROPERTY WILL BE COMPATIBLE WITH ANY
ADJACENT PROPERTY HELD BY THE DEPARTMENT. PRIOR TO DISPOSING OF THE
PROPERTY, THE DEPARTMENT SHALL NOTIFY AND CONSIDER ANY COMMENTS
FROM THE LOCAL JURISDICTION IN WHICH THE PROPERTY IS LOCATED. RIGHT OF
FIRST REFUSAL TO PURCHASE THE PROPERTY FROM THE DEPARTMENT BELONGS
FIRST TO THE MUNICIPAL CORPORATION IN WHICH THE PROPERTY IS LOCATED, IF
ANY, AND SECOND TO THE COUNTY IN WHICH THE PROPERTY IS LOCATED.

(3) PROPERTY CONVEYED PURSUANT TO A PLAN FOR DISPOSITION
APPROVED UNDER PARAGRAPH (1) OF THIS SUBSECTION IS NOT EXCESS REAL
PROPERTY UNDER § 3-610 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

5-905.

(a) [The local governing body shall submit every project request for acquisition or
development under this program to the Department for report and evaluation of the
benefits to be achieved by the grant. Any municipal corporation may apply by submitting
local project applications through its local governing body to the Department. For any
municipal corporation that is located in more than one county within the
Maryland-Washington Regional District, the local governing body referred to in this
section means only the Maryland-National Capital Park and Planning Commission.
Notwithstanding this requirement, § 5-911 of this subtitle controls in the case of a local
project that is located in a municipal corporation that is located in more than one county
within the Maryland-Washington Regional District. The Department shall review the
proposed project and shall request the Maryland Office of Planning to review and
comment on it. Prior to approving a local project, the Department shall provide the
legislators from the district within which any part of the proposed project is located the
opportunity to review and comment on the proposed project. If the Department approves
the project and it falls within the limits imposed by the formula developed by the
apportionment committee for the allocation of the annual appropriation, the project will
be presented, along with reviews from appropriate agencies to the Board of Public Works
for commitment of funds.

(b)] (1) ON OR BEFORE MAY 1 OF EACH YEAR, THE DEPARTMENT SHALL
NOTIFY EACH LOCAL GOVERNING BODY OF ITS ALLOCATION OF LOCAL
ACQUISITION AND DEVELOPMENT FUNDS FOR THE NEXT FISCAL YEAR WITHIN THE
LIMITS IMPOSED BY THE FORMULA DEVELOPED FOR THE APPORTIONMENT OF THE
ANNUAL APPROPRIATIONS FOR PROGRAM OPEN SPACE.

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