H.B. 805                                                 VETOES

(d)     (1) [(i)] The value of the easement is determined at the time the
Foundation is requested in writing to purchase the easement.

[(ii)] (2) The fair market value shall be determined by the
Department of General Services based on one or more appraisals by the State
appraisers, and appraisals, if any, of the landowner,

[(iii)] (3) The entire contiguous acreage shall be included in the
determination of the value of the easement, less 1 acre per single dwelling; however,
except as provided in § 2-513(b)(2) of this subtitle, the entire contiguous acreage,
including the 1 acre per single dwelling, is subject to the easement restrictions.

[(2) (i) Subject to subparagraph (ii) of this paragraph, the agricultural
value of land shall be determined by a formula approved by the Department that
measures the farm productivity of the land on which the applicant has applied to sell
an easement by taking into consideration weighted factors that may include rents,
location, soil types, development pressure, interest rates, and potential agricultural

use.

(ii) The agricultural value determined under subparagraph (i) of
this paragraph is subject to the approval of the Department.]

(e)     (1) If the landowner and Foundation do not agree on the value of the
easement as determined by the State, either the landowner or the Foundation may
request that the matter be referred to the property tax assessment appeal board as
provided under § 3-107 of the Tax—Property Article, for arbitration as to the value of
the easement.

(2) The value determined by that arbitration shall be binding upon the
owner and the Foundation in a purchase of the easement made subsequent to the
arbitration for a period of 2 years, unless the landowner and the Foundation agree
upon a lesser value or the landowner or the Foundation appeals the results of the
arbitration to the Maryland Tax Court, and either party may further appeal from the
Tax Court as provided in § 13-532 of the Tax—General Article.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

May 22, 2003

The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis MD 21401

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 805 - Maryland Agricultural Land Preservation Foundation -
Easements - Lot Exclusions and Allowable Economic Activity.

This bill modifies current law to provide that farm and forest related uses and home

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