Skip to Main Content
<< Back | Return to Main COMAR Search Page

11 records match your request.

FileAbstract
15.15.05.00.htm 15.15.05.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 05 Easement Termination Requests Authority: Agriculture Article, §2-504 and 2-514, Annotated Code of Maryland
15.15.05.01.htm 15.15.05.01. 01 Purpose.. A. This chapter provides the process for an eligible landowner to request that the Maryland Agricultural Land Preservation Foundation terminate an agricultural land preservation easement. Each easement granted to the Foundation is of perpetual duration and may be terminated only under extraordinary circumstances. The easement’s broad purpose is to:1) Provide a present and future source of agricultural products within the State for the citizens of the State;
15.15.05.02.htm 15.15.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Agricultural product” includes, but is not limited to, livestock and crops.. 2) “County governing body” means the board of county commissioners or, in a charter county, the county executive and the county council of a county.3) “Easement” means an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation, solely or jointly with
15.15.05.03.htm 15.15.05.03. 03 Landowner’s Request for Easement Termination.. A. Request. A landowner, whose farm is subject to an easement, may submit a written request to the Foundation to review the easement for possible termination.B. Form. A landowner’s written request shall be submitted on a form provided by the Foundation that explains, as defined by this chapter, why profitable farming is not feasible on the land under the easement.C. Restriction. A landowner’s request for terminat
15.15.05.04.htm 15.15.05.04. 04 County Review.. A. Notice to County of Landowner’s Request. Upon receipt of a landowner’s request for review to terminate an easement on the form provided by the Foundation, the Foundation shall notify the governing body of the county where the land is located of the landowner’s request.B. County Agricultural Advisory Board Recommendation. Upon receipt from the Foundation of a landowner’s request for review to terminate an easement, the county governing body
15.15.05.05.htm 15.15.05.05. 05 Foundation Review.. A. The Foundation shall review a landowner’s termination request only if the county governing body approves a landowner’s termination request in writing.B. The Foundation’s review of a landowner’s termination request requires the Foundation Board of Trustees members at large to determine, in writing, whether profitable farming is feasible on the land, which determination may be based on the following:
15.15.05.06.htm 15.15.05.06. 06 Secretary and State Treasurer Review.. A. The Secretary and State Treasurer shall consider a landowner’s termination request only if the county governing body and the Foundation Board of Trustees members at large approve a landowner’s termination request in writing.B. An easement may only be terminated if both the Secretary and the State Treasurer approve the request for termination, which approval or denial may be provided by the Secretary and the State Treasur
15.15.05.07.htm 15.15.05.07. 07 Appeal.. The landowner seeking the termination request may appeal any decision of the county governing body, the Foundation Board of Trustees members at large, the Secretary or the State Treasurer to the circuit court of the county where the land is located.
15.15.05.08.htm 15.15.05.08. 08 Landowner Repurchase of Easement.. A. Order of Two Appraisals at Landowner’s Expense. Within 10 days after both the Secretary and the State Treasurer approve the termination request, the landowner shall remit good funds as instructed by the Foundation to pay for the cost of two appraisals to determine the fair market value of the easement land, which appraisals shall be ordered by the Department of General Services. The date of valuation shall be the date
15.15.05.09.htm 15.15.05.09. 09 Subsequent Request for Termination After Denial or Failure to Repurchase.. If a request for termination is denied, or if the landowner fails to elect to repurchase the easement within 30 days of the notification required under Regulation .08D of this chapter, or fails to repurchase the easement within 180 days of the same notification, the landowner may not again request termination of the easement until 5 years after the last request for termination.
15.15.05.9999.htm 15.15.05.9999. Administrative History Effective date: November 7, 2005 (32:22 Md. R. 1758). Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305) ―. Regulations .01―09 repealed and new Regulations .01―09 adopted effective October 8, 2018 (45:20 Md. R. 919)
<< Back | Return to Main COMAR Search Page