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Martin O'Malley, Governor
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Ch. 19
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CHAPTER 19
(House Bill 187)
AN ACT concerning
Estates and Trusts - Conservation Easement - Governing Instrument
FOR the purpose of clarifying that certain persons may donate a conservation
easement on real property for a certain purpose if certain governing
instruments authorize the donation; clarifying that a certain trustee or
fiduciary may consent to a donation of a conservation easement on real property
by a personal representative for a certain purpose if the governing instrument
authorizes the donation; providing for the application of this Act; and generally
relating to donation of conservation easements on real property.
BY repealing and reenacting, with amendments,
Article — Estates and Trusts
Section 7-401(dd), 14-111(b), and 15-102(aa)
Annotated Code of Maryland
(2001 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Estates and Trusts
7-401.
(dd) A personal representative may donate a conservation easement on any
real property in order to obtain the benefit of the estate tax exclusion allowed under §
2031(c) of the United States Internal Revenue Code of 1986, as amended, if:
(1) The will AUTHORIZES OR directs the personal representative to
donate a conservation easement on the real property; or
(2) Each interested person who has an interest in the real property
that would be affected by the conservation easement consents in writing to the
donation.
14-111.
(b) A trustee may donate a conservation easement on any real property, or
consent to the donation of a conservation easement on any real property by a personal
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