ROBERT L. EHRLICH, JR., Governor                           H.B. 804

The resulting rank shall be the sole criterion for establishing the priority for
discounted applications that include proportions of 1.0 or lower.

(ii) All additional applications which include proportions greater
than 1.0 shall be assigned a numerical value that, in regard to the land for which the
easement is offered, reflects:

1. The relative productive capacity of the land;

2. The extent to which the easement acquisition will
contribute to the continued availability of agricultural suppliers and markets for
agricultural goods; and

3. The priority recommendations of the local governing
bodies.

2-511.

(a) (1) THE VALUE CAP OF ANY EASEMENT TO BE PURCHASED SHALL BE
THE PRODUCT OF THE FAIR MARKET VALUE OF THE LAND AND A PERCENTAGE LIMIT
ESTABLISHED BY THE FOUNDATION FOR THE FISCAL YEAR IN WHICH THE
EASEMENT IS TO BE PURCHASED.

(2) (I) A PERCENTAGE LIMIT ESTABLISHED BY THE FOUNDATION
SHALL BE ADEQUATE TO ENCOURAGE CONTINUED LANDOWNER INTEREST IN
SELLING EASEMENTS TO THE FOUNDATION WHILE AVOIDING EXCESSIVE EASEMENT
PURCHASE COST TO THE STATE.

(II) THE FOUNDATION SHALL SET A LOWER PERCENTAGE LIMIT
FOR A COUNTY THAN FOR THE REST OF THE STATE AT THE COUNTY'S REQUEST.

(III) THE FOUNDATION SHALL SET A HIGHER PERCENTAGE LIMIT
FOR A COUNTY THAN FOR THE REST OF THE STATE IF THE COUNTY;

1. REQUESTS A HIGHER LIMIT; AND

2. PAYS ANY INCREASED COST OF EASEMENTS.

(B) The maximum value of any easement to be purchased shall be THE LOWER
OF the asking price [or the difference between the fair market value of the land and
the agricultural value of the land, whichever is lower] AND THE VALUE CAP,
CALCULATED AS PROVIDED IN SUBSECTION (A) OF THIS SECTION.

[(b)] (C) The fair market value of the land is the price as of the valuation date
for the highest and best use of the property which a vendor, willing but not obligated
to sell, would accept for the property, and which a purchaser, willing but not obligated
to buy, would pay for the property if the property was not subject to any restriction
imposed under this subtitle.

[(e) The agricultural value of land is the price as of the valuation date which a
vendor, willing but not obligated to sell, would accept for the property, and which a
purchaser, willing but not obligated to buy, would pay for the property as a farm unit,
to be used for agricultural purposes.]

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