ROBERT L. EHRLICH, JR., Governor                            S.B. 327

requiring that agricultural land preservation easements whose purchase is
approved by the Board of Public Works on or after a certain date be held by the
Foundation in perpetuity; making stylistic changes; and generally relating to
the termination of agricultural land preservation easements.

BY repealing and reenacting, with amendments,
Article - Agriculture
Section 2-514

Annotated Code of Maryland
(1999 Replacement Volume and 2003 Supplement)

BY adding to

Article - Agriculture

Section 2-514.1

Annotated Code of Maryland

(1999 Replacement Volume and 2003 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] ANY easement
[purchased under this subtitle] WHOSE PURCHASE IS APPROVED BY THE BOARD OF
PUBLIC WORKS ON OR BEFORE SEPTEMBER 30, 2004, 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)      (1) 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]

(2)      THE INQUIRY shall include:

[(1)] (I) On-site inspection of the subject land; and

[(2)] (II) A public hearing conducted by the Foundation board within the
county containing the subject land after adequate public notice.

(3)      THE INQUIRY SHALL BE CONCLUDED AND A DECISION REACHED BY
THE FOUNDATION WITHIN 180 DAYS AFTER THE REQUEST FOR TERMINATION,
UNLESS THE LANDOWNER REQUESTS A HEARING UNDER SUBSECTION (H) OF THIS
SECTION.

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