Ch. 583

1997 LAWS OF MARYLAND

PART III. PROPERTY ACQUISITION PROCEDURES.

24-513.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "DWELLING" MEANS THE DWELLING HOUSE OF ONE OR MORE
HOMEOWNERS, AND THE CURTILAGE WHERE IT IS ERECTED, WHICH IS USED AS THE
PRINCIPAL RESIDENCE OF THAT HOMEOWNER OR HOMEOWNERS.

(3)      "HOMEOWNER" MEANS A PERSON WHO, ON JULY 1, 1976, ACTUALLY
RESIDED IN A DWELLING IN WHICH THAT PERSON HAD A LEGAL INTEREST,
INCLUDING ANY LIFE ESTATE, WHETHER AS SOLE OWNER, JOINT TENANT, TENANT
IN COMMON, OR TENANT BY THE ENTIRETY.

(4)      "PRINCIPAL RESIDENCE" MEANS A DWELLING ACTUALLY OCCUPIED
OR EXPECTED TO BE ACTUALLY OCCUPIED BY THE HOMEOWNER OR THE
HOMEOWNERS FOR MORE THAN 6 CONSECUTIVE MONTHS OF THE PRESENT
CALENDAR YEAR. NONOCCUPANCY OF THE DWELLING BECAUSE OF ILLNESS OR
THE NEED FOR SPECIAL CARE, OF THE HOMEOWNER, IS OCCUPANCY FOR THE
PURPOSES OF THIS SECTION.

(B)      (1) WHEN THE COMMISSION OR OTHER STATE AGENCY COMMENCES
THE ACQUISITION BY PURCHASE GIFT, OR CONDEMNATION OF THE DWELLING OF A
HOMEOWNER WITHIN THE PROPOSED BOUNDARIES ESTABLISHED BY THE
COMMISSION, THE COMMISSION OR OTHER STATE AGENCY SHALL OFFER IN
WRITING THE HOMEOWNER OR HOMEOWNERS A LIFE ESTATE IN THAT PROPERTY.
ACCEPTANCE OF THE LIFE ESTATE SHALL BE TAKEN INTO CONSIDERATION WHEN
DETERMINING THE VALUE OF THE PROPERTY. UPON ACCEPTANCE, THE RECIPIENT
OF THE LIFE ESTATE WILL PAY REAL ESTATE PROPERTY TAXES, INSURANCE, AND
ORDINARY MAINTENANCE COSTS. REQUESTS FOR MATERIAL ALTERATIONS OR
ADDITIONS TO THE PROPERTY MUST BE SUBMITTED IN WRITING TO THE HISTORIC
ST. MARY'S CITY COMMISSION AND A REQUEST MUST BE APPROVED OR
DISAPPROVED BY THE COMMISSION WITHIN 45 DAYS OF THE RECEIPT OF THE
REQUEST.

(2)      IN THE CASE OF A PURCHASE, THE COMMISSION OR OTHER STATE
AGENCY SHALL MAKE THE OFFER:

(I)      AT THE TIME OF EACH OFFER FOR PURCHASE; AND

(II)     IN A DOCUMENT SEPARATE AND APART FROM ALL OTHER
DOCUMENTS AT THE TIME OF RATIFICATION OF THE SALES CONTRACT.

(3)      IN THE CASE OF A GIFT OR CONDEMNATION, THE COMMISSION OR
OTHER STATE AGENCY SHALL MAKE THE OFFER AT THE TIME OF TRANSFER OF ANY
RIGHT, TITLE OR INTEREST, PRESENT OR FUTURE, IN THE PROPERTY.

(C)     THE COMMISSION OR OTHER STATE AGENCY MAY OFFER AT ANY TIME A
LIFE ESTATE TO ANY OTHER HOMEOWNER OR PROPERTY OWNER WITHIN THE
PROPOSED BOUNDARIES ESTABLISHED BY THE COMMISSION.

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