ROBERT L. EHRLICH, JR., Governor                             Ch. 375

under subparagraph (i) of this paragraph that is equal to the percentage of the
original easement purchase price contributed by the county.

2.       A. From the funds distributed to a county under this
subparagraph, the county shall deposit in the county's special account for its
agricultural land preservation program an amount that is at least equal to the
percentage of the original easement purchase price that was paid out of the special
account.

B. If any of the funds deposited in the county's special
account have not been expended or committed within 3 years from the date of deposit
into the special account, the county collector shall remit those funds to the
Comptroller for deposit in the Maryland Agricultural Land Preservation Fund as
provided in § 13-306(c) of the Tax - Property Article.

3.       The county shall deposit the balance of the funds
distributed to it under this subparagraph in the county's general fund.

4.       IF AN EASEMENT IS TERMINATED, THE FOUNDATION
SHALL DEPOSIT ITS PORTION OF THE REPURCHASE PAYMENT IN THE MARYLAND
AGRICULTURAL LAND PRESERVATION FUND AS PROVIDED UNDER § 2-505 OF THE
AGRICULTURE ARTICLE THIS SUBTITLE.

(g) If the request for termination is denied, or if the landowner fails to
repurchase the easement within 180 days of the appraisal, the landowner may not
again request termination of the easement until five years after his last request for
termination.

(H) (1) THIS SUBSECTION APPLIES ONLY TO EASEMENTS THAT THE
FOUNDATION ACQUIRES ON OR BEFORE SEPTEMBER 30, 2004.

(2)      BEFORE DECIDING ON A REQUEST FOR TERMINATION OF AN
EASEMENT, THE FOUNDATION SHALL PROVIDE A LANDOWNER WITH THE
OPPORTUNITY FOR A HEARING.

(3)      NOTWITHSTANDING §§ 2-401 THROUGH 2-405 OF THIS TITLE, THE
LANDOWNER MAY APPEAL ANY FOUNDATION DENIAL DIRECTLY TO THE CIRCUIT
COURT OF THE COUNTY WHERE THE LAND IS LOCATED.

(4)      THE CIRCUIT COURT SHALL HEAR AND DETERMINE THE APPEAL ON
THE RECORD MADE IN ACCORDANCE WITH § 10-222 OF THE STATE GOVERNMENT
ARTICLE.

2-514.1.

AN EASEMENT WHOSE PURCHASE IS APPROVED BY THE BOARD OF PUBLIC
WORKS ON OR AFTER OCTOBER 1, 2004, SHALL BE HELD BY THE FOUNDATION IN
PERPETUITY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 11, 2004.

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