• Agriculture Article
  • August 10, 2017 | Authors: Neil J. Schechter; Timothy D. A. Chriss; David H. Fishman; Y. Jeffrey Spatz; Edward J. Levin; Seth M. Rotenberg; Searle E. Mitnick; William D. Shaughnessy; Peter B. Rosenwald; Danielle Stager Zoller
  • Law Firm: Gordon Feinblatt LLC - Baltimore Office
  • 20. Chapter 114 (HB 144)

    Maryland Agricultural Land Preservation Foundation - Easement Termination
    Agriculture Article repealing and reenacting with amendments Section 2–514

    This Act modifies the process that governs the consideration and disposition of a request for easement termination of those agricultural preservation easements approved for purchase by the Board of Public Works (BPW) on or before September 30, 2004, based on extraordinary circumstances, after 25 years from the date of purchase. The Act establishes a sequential process of review, and approval or denial, by first the governing body of the applicable county, then the Maryland Agricultural Land Preservation Foundation (MALPF) board of trustees members at large, and finally the Secretary of Agriculture and the State Treasurer. This contrasts with the existing concurrent review process.

    Effective October 1, 2017.

    21. Chapter 662 (SB 975)

    Real Property - Agricultural Land Preservation Easements - Separate Parcels
    Agriculture Article repealing and reenacting with amendments Section 2–118; adding Section 2–513.2

    This Act establishes that, unless the deed granting an agricultural land preservation easement to the Maryland Agricultural Land Preservation Foundation (MALPF) expressly provides otherwise, the grant of an agricultural land preservation easement governing two or more separate parcels of land owned by the same grantor under separate deeds, or two or more parcels separately identified and described in the same deed, does not consolidate the parcels for any other purpose, if the parcels are described separately in the deed granting the easement. A separate parcel may be conveyed to a “family member” (which term includes a relative by blood, adoption, or marriage) without the approval of MALPF, regardless of the size of the parcel, but it remains subject to the easement. Such a conveyance is not a subdivision or off-conveyance. The owner of the separate parcel must notify MALPF at least 60 days before conveying the parcel. The Act applies retroactively to any agricultural land preservation easement granted to MALPF before the Act’s effective date.

    Effective June 1, 2017 and terminates on June 30, 2019.