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Session Laws, 2004
Volume 801, Page 2343   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 501

B. actually occupied or expected to be actually occupied by
the homeowner for more than 6 months of a 12-month period beginning with the date
of finality for the taxable year for which the property tax credit under this section is
sought; and

2. the lot or curtilage on which the house is erected.

(ii) "Dwelling" includes:

1.       a condominium unit that is occupied by an individual who
has a legal interest in the condominium;

2.       an apartment in a cooperative apartment corporation that
is occupied by an individual who has a legal interest in the apartment; and

3.       a part of real property used other than primarily for
residential purposes, if the real property is used as a principal residence by an
individual who has a legal interest in the real property.

(3)     "Homeowner" means an individual who has a legal interest in a
dwelling OR WHO IS AN ACTIVE MEMBER OF AN AGRICULTURAL LIMITED LIABILITY
COMPANY THAT HAS A LEGAL INTEREST IN A DWELLING.

(4)     "Legal interest" means an interest in a dwelling:
(i) as a sole owner;

(ii)    as a joint tenant;

(iii)   as a tenant in common;

(iv)    as a tenant by the entireties;

(v)     through membership in a cooperative;

(vi) under a land installment contract, as defined in § 10-101 of the
Real Property Article; or

(vii) as a holder of a life estate.

(5)     "Taxable assessment" means the assessment on which the State,
county, or municipal corporation property tax rate was imposed in the preceding
taxable year, adjusted by the phased-in assessment increase resulting from a
revaluation under § 8-104(c)(1)(iii) of this article, less the amount of any assessment
on which a property tax credit under this section is authorized.

(6)      "AGRICULTURAL LIMITED LIABILITY COMPANY' MEANS A LIMITED
LIABILITY COMPANY THAT:

(I) OWNS REAL PROPERTY THAT:

1. INCLUDES LAND RECEIVING AN AGRICULTURAL USE
ASSESSMENT UNDER § 8-209 OF THIS ARTICLE; AND

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Session Laws, 2004
Volume 801, Page 2343   View pdf image
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