§ 2-515. Condemnation of land
West's Annotated Code of MarylandAgricultureEffective: June 30, 2018
Effective: June 30, 2018
MD Code, Agriculture, § 2-515
§ 2-515. Condemnation of land
(a)(1) Subject to the provisions of paragraph (2) of this subsection, this subtitle does not prohibit an agency of the State or of a county or other governmental authority from acquiring by condemnation land which is under an agricultural preservation easement held by the Foundation or a county agricultural land preservation program if such acquisition is for a public purpose.
(b)(1) This subsection applies only to an agricultural land preservation easement:
(ii) To the Maryland Agricultural Land Preservation Fund, a county agricultural land preservation program, or any other entity contributing payment for the original easement purchase, an amount equal to any amount paid by the Foundation, a county agricultural land preservation program, or other entity for the easement.
(3) If a part or all of the property is acquired by the exercise of the power of eminent domain, the fair market value of the property is not affected by its having been qualified for a tax credit under § 9-206 of the Tax--Property Article except that there shall be deducted from fair market value the lesser of:
(c)(1) This subsection applies only to an agricultural land preservation easement:
(ii) To the Maryland Agricultural Land Preservation Fund an amount equal to the fair market value of the easement, which shall be determined by a qualified appraisal that establishes the ratio of the value of the easement interest to the value of the fee simple interest in the land as of the date of condemnation.
(3) If an easement was originally purchased with funds contributed by entities other than the Foundation, the Foundation shall distribute to the contributing entity a portion of the fair market value compensation in proportion to the percentage of the original easement purchase price contributed by the entity.
Credits
Added by Acts 1977, c. 883. Amended by Acts 1985, c. 8, § 5; Acts 1997, c. 349, § 1, eff. Oct. 1, 1997; Acts 2009, c. 727, § 1, eff. Oct. 1, 2009; Acts 2018, c. 622, § 1, eff. June 30, 2018.
MD Code, Agriculture, § 2-515, MD AGRIC § 2-515
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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