§ 2-514. Easement's termination
West's Annotated Code of MarylandAgricultureEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Agriculture, § 2-514
§ 2-514. Easement's termination
(a)(1) This section applies only to easements approved for purchase by the Board of Public Works on or before September 30, 2004.
(b) An easement approved by the Board of Public Works on or before September 30, 2004, and held by the Foundation may be terminated only under extraordinary circumstances and in the manner specified in this section.
(c)(1) Except as provided in paragraph (2) of this subsection, after 25 years from the date of purchase of an easement, a landowner may request that the easement be reviewed for possible termination, subject to the requirements of this section.
(d)(1) If an eligible landowner requests that the Foundation review an easement for termination, the Foundation shall first request that the county governing body of the county containing the land under easement review the easement for termination.
(e)(1) If the county governing body denies the request for termination, the termination review process ends and the Foundation is not required to continue to consider the request for termination.
(f)(1) On receiving the county governing body's written notice to approve a request for termination, as provided in subsection (e)(2) of this section, the Foundation board of trustees members at large shall determine whether it is feasible to farm the land under easement in a profitable manner.
(g)(1) If the board of trustees members at large deny the request for termination because they determine that it is feasible to farm the land in a profitable manner, the termination review process ends and the Foundation is not required to continue to consider the request for termination.
(h)(1) If both the county governing body and the board of trustees members at large approve a request for termination, an easement shall be terminated only if both the Secretary and the State Treasurer approve the request for termination.
(i)(1) If the request for termination is approved, two fair market value appraisals of the subject land shall be ordered by the Department of General Services at the direction of the Foundation at the expense of the landowner requesting termination of the easement.
(ii) For purposes of this paragraph, the agricultural value of the land is determined by the appraisal method that was in effect at the time the easement was acquired by the Foundation, either by the agricultural appraisal formula under § 2-511(d) of this subtitle or by an appraisal that determines the price as of the valuation date which a vendor, willing but not obligated to sell, would accept, and which a purchaser, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised.
(iii) 1. In the case of the termination of an easement that was originally purchased under a matching allotted purchase, the Foundation shall distribute to the contributing county a portion of the repurchase payment received 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 the period of time prescribed in § 13-306(c)(2) and (d) of the Tax--Property Article, the county collector shall remit those funds to the Comptroller for deposit in the Maryland Agricultural Land Preservation Fund as provided in § 13-306(d) of the Tax--Property Article.
(j) If the request for termination is denied, or if the landowner fails to elect to repurchase the easement within 30 days of the notification required under subsection (i)(4) of this section, or fails to repurchase the easement within 180 days of the notification, the landowner may not again request termination of the easement until five years after his last request for termination.
(k)(1) This subsection applies only to easements that the Foundation acquires on or before September 30, 2004.
Credits
Added by Acts 1977, c. 883. Amended by Acts 1978, c. 80; Acts 1997, c. 657, § 1, eff. Oct. 1, 1997; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2004, c. 189, § 1, eff. Oct. 1, 2004; Acts 2004, c. 375, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2005, c. 351, § 1, eff. Oct. 1, 2005; Acts 2009, c. 25, § 1, eff. Oct. 1, 2009; Acts 2012, c. 21, § 1, eff. July 1, 2012; Acts 2013, c. 43, § 5; Acts 2017, c. 114, § 1, eff. Oct. 1, 2017; Acts 2019, c. 129, § 1, eff. July 1, 2019.
MD Code, Agriculture, § 2-514, MD AGRIC § 2-514
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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