§ 1-109
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/md/natural-resources/1-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§1–109.
(1)In this section, “real property interest” means a nonleasehold interest in real property.
(2)“Real property interest” includes a fee simple acquisition interest, conservation easement interest, or another perpetual easement interest.
(1)The Department shall negotiate the acquisition of real property interests for open space, recreation, conservation, and other purposes under this article.
(2)Unless otherwise approved by the Board of Public Works, the Department shall make each acquisition under this subsection in the name of the State to the use of the Department.
(i)After acquiring a fee simple interest under this section, the Department shall include a request for funds in its annual budget request to the Department of Budget and Management to create new permanent, classified positions to manage and administer the fee simple interest.
(ii)The request for funds shall be:
1. Based on the most recent data provided by the Department in the open space report required by Chapter 584 of the Acts of the General Assembly of 1995; and
2. Calculated using the ratio of at least one permanent, classified position per 400 acres of newly acquired fee simple interests.
(1)Except for a real property interest that is acquired by gift and subject to paragraph
(2)of this subsection, before a real property interest is acquired from a private owner, the Department shall obtain two independent appraisals of the property.
(2)The Department, with the approval of the Board of Public Works, may develop and utilize an easement valuation system to value conservation easement interests.
(1)Except for a real property interest that is acquired by gift, a contract for the acquisition of a real property interest under this section shall be approved, and may be executed, by the Board of Public Works.
(2)At least 40 days before the Board of Public Works may act on a real property interest acquisition under this section, the Department shall give written notice of a potential acquisition of a real property interest:
(i)To the governing body of the county in which the real property interest is located; and
(ii)If the real property interest is located within a municipal corporation, to the governing body of the municipal corporation.
(3)Within 30 days after receiving notice under this subsection, the governing body may submit written comments to the Department.
(e)The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of a real property interest under this section.
(1)Subject to paragraphs (2), (3), and
(4)of this subsection, the Department may dispose of a real property interest owned and managed by the Department as consideration for the acquisition of a real property interest not owned by the Department.
(2)Except as provided in paragraph
(3)of this subsection, in implementing this subsection, the Department shall comply with the procedures established under Title 5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article.
(i)The Department may dispose of a real property interest owned by the State for the use and benefit of the Department in exchange for a privately owned real property interest without complying with the procedures established under §§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and Procurement Article, if:
1. The privately owned real property interest subject to the exchange is adjacent to the real property interest owned by the State for the use and benefit of the Department;
2. The real property interest owned by the State for the use and benefit of the Department and subject to the exchange is adjacent to the privately owned real property interest;
3. The real property interest owned by the State and subject to the exchange does not exceed 5 acres in size; and
4. The owner of the privately owned real property interest requesting the exchange pays all costs associated with the exchange of the real property interest, including legal fees and boundary relocation, surveying, engineering, and recordation costs.
(ii)Prior to a real property interest exchange under this paragraph, the Department shall:
1. Notify in writing by electronic mail or first–class mail:
A. Owners of property adjacent to the privately owned real property interest subject to the exchange;
B. The General Assembly members who represent the legislative district in which the real property interest exchange is located; and
C. The governing body of the county in which the real property interest exchange is located; and
2. Refer the proposed exchange to the Board of Public Works for final disposition.
(4)The Department may not dispose of a conservation easement interest under this subsection.
(g)The Board of Public Works may exempt projects under this section from the provisions of this section.
(1)The Department shall adopt regulations to implement this section.
(2)The regulations adopted under paragraph
(1)of this subsection shall include a system for appraisal review developed by the Department in consultation with the Department of General Services.