Maryland County Commissioners Section 11A
§ 11A.
(a) (1) Except as provided in subsection (b) of this section, the county commissioners of every county may:
(i) Acquire by purchase, gift, devise, bequest, condemnation, or otherwise, any property, or any interest therein, of any kind needed for any public purpose;
(ii) Erect buildings thereon for the benefit of the county;
(iii) Sell at public sale any property when no longer needed for public use; and
(iv) Provide for the financing of any housing or housing project in whole or in part, including the placement of a deed of trust, mortgage, or other instrument upon the property to ensure repayment of funds used to purchase, construct, rehabilitate, or otherwise develop the housing project. The authority provided for in this subparagraph does not limit the existing powers of a county or county commissioners.
(2) Property may not be sold until it has been advertised for at least 20 days prior to the date of sale.
(b) (1) The provisions of this subsection prevail over those of subsection (a) of this section to the extent of any inconsistency.
(2) (i) The provisions of this paragraph apply only to:
1. Carroll County,
2. Charles County,
3. Frederick County,
4. Somerset County, and
5. St. Mary's County.
(ii) Except for the disposition of surplus property in Charles County as provided under paragraph (4) of this subsection, the county commissioners may negotiate with any governmental body or agency located within the county for the sale of real property no longer needed by the county school board, without advertising the property for sale, after three independent appraisals have been obtained. Any proceedings for acquisition by condemnation shall be taken in accordance with Title 12 of the Real Property Article.
(3) In Frederick County, the Board of County Commissioners may:
(i) Negotiate with Frederick Memorial Hospital, Inc. in the same manner in which the Board of County Commissioners may negotiate with any governmental body or agency located within the county for the sale of real property no longer needed by the county school board.
(ii) Accept gifts of land not needed for public purposes and sell the property at public or private sale for such consideration as the Board considers adequate. All proceeds derived from the sale of such land shall be used in accordance with the county budget, or in accordance with a resolution adopted by the Board. Any sales agreement entered into under this subparagraph may not become effective until a copy thereof has been filed with the clerk of the court of the county, and a summary of the agreement has been published in at least one newspaper of general circulation in the county.
(iii) Sell abandoned rights-of-way in the county:
1. At a public or private sale; and
2. After the property has been advertised for at least 20 days.
(3-1) In Frederick County and St. Mary's County, in addition to the authority granted in this section, the Board of County Commissioners may sell at a public or private sale any real property owned by the Board of County Commissioners, if the Board of County Commissioners:
(i) Determines that the property is no longer needed for any public use; and
(ii) Subject to the procedures of the County Commissioners, provides adequate notice and a hearing on the sale of the real property.
(4) In Charles County, the Board of County Commissioners for use in the production of affordable housing for families of limited income as defined in § 4-901 of the Housing and Community Development Article or for use in connection with matters involving education, human services, housing, cultural, recreational, or community needs:
(i) May, by resolution, transfer with or without consideration real property within the county no longer needed for a public purpose to any private nonprofit corporation in the county or to the Housing Commission of Charles County provided that:
1. There is a public hearing at which the Commissioners solicit and receive comments concerning the transfer and consideration is given to, but not limited to:
A. Unique characteristics of any structure on the property;
B. Historical significance, if any;
C. Compatibility of the proposed use with the neighborhood; and
D. Financial aspects, including the ability of the proposed user to construct, renovate, maintain, and operate a facility on the property;
2. Notice of the hearing is advertised in at least 1 newspaper having general circulation in the county at least once each week for 2 consecutive weeks, the last of which advertisement may not appear later than 1 week prior to the hearing; and
3. An appraisal is made by the Commissioners of the property to be included in the notice of public hearing;
(ii) May negotiate with any governmental body or agency or private nonprofit corporation for the sale of any surplus school property, or donation of surplus school property in which the State does not have a financial interest, that is transferred to the county by the County School Board provided that:
1. There is a public hearing at which the Commissioners solicit and receive comments concerning the sale or donation and consideration is given to, but not limited to:
A. Unique characteristics of any structure on the property;
B. Historical significance, if any;
C. Compatibility of the proposed use with the neighborhood; and
D. Financial aspects, including the ability of the proposed user to construct, renovate, maintain, and operate a facility on the property;
2. Notice of the hearing is advertised in at least 1 newspaper having general circulation in the county at least once each week for 2 consecutive weeks, the last of which advertisement may not appear later than 1 week prior to the hearing; and
3. An appraisal of the property is made by the Commissioners to be included in the notice of public hearing; and
(iii) Shall adopt regulations for implementing this paragraph.
(5) (i) In Somerset County, the County Commissioners may sell any interest in surplus property held by the county by acceptance of sealed bids solicited by advertisement.
(ii) An advertisement for bids shall be published at least twice in a newspaper of general circulation in the county not less than 10 days nor more than 90 days before the date set for opening the bids.
(iii) The bids shall be opened in public and the County Commissioners shall act on the bids only during a public session of the County Commissioners.
(iv) If the County Commissioners determine that the highest bid fails to yield a reasonable price for the property, the County Commissioners may reject all bids on the property.
(v) If all bids are rejected, the County Commissioners shall record the highest bid in the minutes of the public session and may proceed to sell the property:
1. By readvertising for sealed bids;
2. By public auction; or
3. If the property is surplus school property, in accordance with paragraph (2) of this subsection.
(vi) The County Commissioners shall adopt a local ordinance or resolution governing the sale of property under this paragraph.
(c) (1) This subsection applies only to:
(i) Carroll County, and
(ii) Charles County.
(2) If at a public sale of any surplus real or personal county property the Commissioners determine that the highest bid fails to yield a reasonable price for that property, the Commissioners may reject all bids on the property.
(3) If all bids are rejected as provided under this subsection, the Commissioners:
(i) Shall record the highest bid in their minutes; and
(ii) May privately negotiate and sell the surplus property for a higher price provided:
1. That the settlement of the sale of property is within 1 year from the date of the public sale; and
2. The Commissioners announce the making of the privately negotiated agreement at the first meeting following the agreement.
(4) The Commissioners shall adopt regulations for implementing this subsection.
(d) The County Commissioners of Somerset County may sell the property known as the old Somerset County Jail, located on 48 North Beckford Avenue, Princess Anne, to the Town of Princess Anne.
(e) (1) In Calvert County, the County Commissioners may donate by resolution an interest held by the county in real property no longer needed for a public purpose to a private, nonprofit corporation for use in matters involving education, human services, housing, cultural, recreational, or community needs.
(2) Prior to donating the property, the County Commissioners shall:
(i) Hold a public hearing at least 10 days prior to any action on the resolution required under this subsection;
(ii) Publish notice of the public hearing, together with a synopsis of the proposed resolution in at least 1 newspaper of general circulation in the county at least once each week for 2 successive weeks prior to the public hearing; and
(iii) Have an appraisal made of the real property for discussion at the public hearing.
(f) Notwithstanding any other provision of this section, in Charles County, the Board of County Commissioners may transfer, by public or private sale under any terms agreed to by the County Commissioners, any interest in real property if:
(1) The real property is no longer needed for a public purpose; and
(2) The transfer of real property would contribute to economic development in the county.
(g) Notwithstanding subsection (a) of this section, in Carroll County, provided that the supplies, equipment, or other personal property are valued at less than $250, the Board of County Commissioners of Carroll County may dispose of surplus supplies, equipment, or other personal property belonging to the county by the following means:
(1) Public auction;
(2) Public sale, provided that the sale is advertised through a press release or public notice in a media accessible to the general public;
(3) Transfer to a State, municipal, or county government agency;
(4) Transfer to a private nonprofit corporation that is authorized to receive appropriations from the county, provided that the private nonprofit corporation is an exempt organization as defined in § 501(c)(3) of Title 26 of the United States Code;
(5) Deposit at the swap shop at the Northern Landfill; or
(6) Disposal in a solid waste disposal facility.
(h) Notwithstanding subsection (a) of this section, in Garrett County, the Board of County Commissioners may dispose of surplus supplies, equipment, or other personal property belonging to the county by the following means:
(1) Public auction;
(2) Public sale; or
(3) Trade-in for new or used equipment.
(i) (1) Notwithstanding subsection (a) of this section, in Garrett County, if at a public sale of any surplus real property the public sale fails to yield any bids for that property, the County Commissioners:
(i) Shall record in their minutes that no bids were made; and
(ii) May privately negotiate and sell the surplus property for a reasonable price if the Commissioners announce the making of the privately negotiated agreement at the first meeting following the agreement.
(2) The Commissioners shall adopt regulations to implement this subsection.
