Md. Code, Nat. Res. § 1-109

Current with changes from the 2024 Legislative Session
Section 1-109 - Land acquisition and transfer
(a)
(1) The Department shall negotiate the acquisition of real property for open space, recreation, conservation, and other purposes under this article.
(2) The Department shall make each acquisition under this subsection in the name of the State to the use of the Department.
(b) Except for real property that is acquired by gift, before any real property is acquired from a private owner, the Department shall obtain two independent appraisals of the property.
(c)
(1) A contract for the acquisition of land under this section shall be approved and executed by the Board of Public Works.
(2) At least 40 days before the Board of Public Works may act on a land acquisition under this section, the Department shall give written notice of a potential acquisition of land:
(i) To the governing body of the county in which the land is located; and
(ii) If the land 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.
(d) The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of land under this section.
(e)
(1) Subject to paragraphs (2) and (3) of this subsection, the Department may dispose of land owned and managed by the Department as consideration for the acquisition of land 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.
(3)
(i) The Department may dispose of real property owned by the State for the use and benefit of the Department in exchange for privately owned real property 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 subject to the exchange is adjacent to the real property owned by the State for the use and benefit of the Department;
2. The real property owned by the State for the use and benefit of the Department subject to the exchange is adjacent to the privately owned real property;
3. The real property owned by the State does not exceed 5 acres in size; and
4. The owner of the privately owned real property requesting the exchange pays all costs associated with the exchange of the real property, including legal fees and boundary relocation, surveying, engineering, and recordation costs.
(ii) Prior to a property 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 subject to the exchange;
B. The General Assembly members who represent the legislative district in which the real property exchange is located; and
C. The governing body of the county in which the real property exchange is located; and
2. Refer the proposed exchange to the Board of Public Works for final disposition.
(f) The Board of Public Works may exempt projects under this section from the provisions of this section.
(g)
(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.

Md. Code, NR § 1-109

Amended by 2023 Md. Laws, Ch. 453, Sec. 1, eff. 10/1/2023.