PARRIS N. GLENDENING, Governor

Ch. 657

Annotated Code of Maryland

(1985 Replacement Volume and 1996 Supplement)

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

Article - Agriculture

2-514.

(a)     It is the intent of the General Assembly that the easement purchased under
this subtitle be held by the foundation for as long as profitable farming is feasible on the
land under easement, and an easement may be terminated only in the manner and at the
time specified in this section.

(b)     At any time after 25 years from the date of purchase of an easement, the
landowner may request that the easement be reviewed for possible termination of the
easement.

(c)     Upon a request for review of an easement for termination, an inquiry shall be
conducted by the foundation to determine the feasibility of profitable farming on the
subject land. The inquiry shall be concluded and a decision reached by the foundation
within 180 days after the request for termination, and shall include:

(1)     On-site inspection of the subject land;

(2)     A public hearing conducted by the foundation board within the county
containing the subject land after adequate public notice.

(d)    An easement may be terminated only with the approval of the governing body
of the county containing the subject land. In deciding whether to approve the request for
termination, the county governing body shall receive the recommendation of the county
agricultural preservation advisory board established under § 2-504.1 of this subtitle. The
decision of the county governing body shall be made after the public hearing required in
paragraph (c). The county governing body shall notify the foundation of its decision
within 30 days after the conclusion of the public hearing required in paragraph (c).

(e)     Upon the affirmative vote of a majority of the foundation members at-large,
and upon the approval of the Secretary and the State Treasurer, the request for
termination shall be approved, and the landowner shall be notified.

(f)      (1) If the request for termination is approved, an appraisal of the subject
land shall be ordered by the foundation at the expense of the landowner requesting
termination of the easement.

(2) (I) [Within a period of) NO MORE THAN 180 days following the
appraisal REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION, the landowner
may repurchase the easement by paying to the foundation the difference between the fair
market value and the agricultural value of the subject land, as determined by the
appraisal.

(II) For purposes of this paragraph, the agricultural value is the price
as of the valuation date which a vendor, willing but not obligated to sell, would accept,

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