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Ch. 650
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Martin O'Malley, Governor
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(5) The Foundation may approve a petition for the establishment of an
agricultural district only if:
(i) The land within the proposed district meets the
qualifications established under subsection [(c)] (D) of this section;
(ii) The petition has been approved by the county governing
body; and
(iii) The establishment of the district OR THE PURCHASE OF
THE EASEMENT is approved by a majority of the Foundation board of trustees
at-large, by the Secretary, and by the State Treasurer.
(6) The Foundation shall render its decision on a petition to establish
an agricultural district within 60 days of the receipt of the petition, and shall inform
the county governing body and the petitioners of its decision.
(7) (i) If the Foundation approves the petition, the agricultural
district shall be established by an ordinance of the county governing body.
(ii) The establishment of the district shall not take effect until
all landowners in the proposed district have executed and recorded [along with]
AMONG THE land records an agreement with the Foundation stipulating that for a
specified period of time from the establishment of the agricultural district, the
landowner agrees to keep his land in agricultural use and has the right to offer to sell
an easement for development rights on his land to the Foundation under the
provisions of this subtitle.
(iii) In the ordinance that establishes an agricultural district:
1. The county governing body shall establish the length
of time required for a district agreement under subparagraph (ii) of this paragraph;
and
2. The time period of the district agreement shall be
from 3 to 10 years, both inclusive.
(iv) In the event of severe economic hardship the Foundation,
with the concurrence of the county governing body, may release the landowner's
property from the agricultural district. Any person aggrieved by a decision of the
Foundation regarding a determination of severe economic hardship is entitled to
judicial review.
(v) Nothing in this section shall preclude the landowner from
selling his property.
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- 4075 -
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