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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 eligibility criteria for a 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) "Agricultural value" means 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, but lo
15.15.05.03.htm 15.15.05.03. 03 Landowner's Request for Review.. A. Request. A landowner whose farm is subject to an easement may make a written request to the Foundation for a review of the easement for termination, as provided by this chapter.B. Restriction. A landowner's request for review may not be considered by the Foundation unless 25 years have passed from the date that the Foundation purchased the easement.C. Form. A landowner's request shall be submitted on a form provided by the
15.15.05.04.htm 15.15.05.04. 04 Foundation 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. Inquiry. The Foundation shall conduct an inquiry to determine whether profitable farming is feasible on the land, and issue a decision within 180 days after receiving the l
15.15.05.05.htm 15.15.05.05. 05 County Review.. A. County Agricultural Advisory Board Recommendation. Upon receipt of a landowner's request for review to terminate an easement from the Foundation, the county governing body shall notify and ask for the recommendation of the county agricultural preservation advisory board, established under Agriculture Article, §2-504.1, Annotated Code of Maryland, or any other appropriate county agency or board. The advisory board or other county agency shall r
15.15.05.06.htm 15.15.05.06. 06 Foundation Decision.. A. County Approval Required. After receipt of the county's decision, as provided under Regulation .05B of this chapter, the Foundation shall inform the landowner of the county's decision and the Foundation's proposed decision and, if the request was denied, provide the landowner with the opportunity for a contested case hearing, as defined by the Administrative Procedure Act. The Foundation may not approve a landowner's request for termination un
15.15.05.07.htm 15.15.05.07. 07 Landowner Repurchase of Easement.. A. Order of Two Appraisals at Landowner's Expense. The landowner shall remit good funds as instructed by the Foundation within 10 days of approval to pay for the cost of two appraisals, which shall then be ordered by the Department of General Services within 20 days of the receipt of the funds. The date of valuation shall be the date that the Foundation approved the landowner’s termination request. The Department of Gener
15.15.05.08.htm 15.15.05.08. 08 Subsequent Request for Termination after Denial or Failure to Repurchase.. If the request for termination is denied, or if the landowner fails to repurchase the easement within 180 days of the date of the completion of the appraisal, the landowner may not again request termination of the easement until 5 years after his last request for termination.
15.15.05.09.htm 15.15.05.09. 09 Appeal.. A. After a contested case hearing is conducted, the Foundation's decision is the final decision that is subject to judicial review. Subject to the requirements of the Maryland Rules of Civil Procedure, a landowner may appeal the Foundation's final decision disapproving a request to terminate an easement directly to the circuit court of the county where the land is located.B. The circuit court shall hear and determine the appeal on the record, pursuant to State Government
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).
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