2013 Maryland Code
NATURAL RESOURCES
§ 5-1202 - Acquisition of interests in real property for preservation of open spaces and open areas


MD Nat Res Code § 5-1202 (2013) What's This?

§5-1202.

(a) Acquisition of interests or rights in real property for preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department may acquire, by purchase, any intervivos or testamentary gift, or lease, the fee or any lesser interest, or development right, necessary to achieve this end. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department also may purchase or acquire by contract or gift the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under covenants or other contractual arrangements which limit future use of the property in accordance with the purposes of this section. The county or city may not acquire any fee or any lesser interest in real property for these purposes by purchase or contract requiring a monetary consideration exceeding $500, unless the governing body of the county or city after a public hearing adopts a resolution or formal order declaring the public purpose or use. However, no owner whose property is being used for farming is subject to any condemnation or other land acquisition proceeding for the purposes of this section, by the county, city, Maryland-National Capital Park and Planning Commission, or the Department, if the owner has granted a scenic easement to the Department, Commission, or political subdivision.

(b) If any county, city, or the Maryland-National Capital Park and Planning Commission purchases open spaces and areas under the Outdoor Recreation Land Loan of 1968, the Board of Public Works shall pay a portion of the purchase cost if the Secretary has approved the acquisition and costs, and the acquisition complies with the provisions of the Outdoor Recreation Land Loan of 1968.

(c) (1) A landowner may offer a recreational access easement to the Department of Natural Resources and the Department may execute such an easement. The recreational access easements shall provide for access to all or a portion of the landowner’s property for recreational activities. The terms of access (including but not limited to time, seasons, and the number of individuals), the location and amount of land and water, and the type of permitted recreational activities, shall be specified by the landowner.

(2) The Department shall in executing a recreational access easement agreement consider the terms specified by the landowner and the unmet demands for specific recreation activities in the area.

(3) The value and content of the easement shall be by mutual agreement between the landowner and the Department and approved by the Board of Public Works. The Department may accept the easement by donation, however, if purchase is required. Funding shall be provided through Program Open Space as appropriated pursuant to § 5-903 of this title.

(4) A landowner’s initial agreement shall be executed for a term of one year, and all extensions shall be executed for a period of not less than three years.

(5) Liability provisions of Subtitle 11 of this title shall be applicable to those lands for which recreational access easements have been contracted.

§ 5-1202 - 1. Hart-Miller-Pleasure Island chain -- Declared an open area

For purposes of this subtitle, the Hart-Miller-Pleasure Island chain in Baltimore County is an open area.

§ 5-1202 - 2. Hart-Miller-Pleasure Island chain -- State to grant easement

(a) Definitions. -- In this section the following words have the meanings indicated.

(1) "Grantee in interest" means the Maryland Environmental Trust.

(2) "Spoil", "Baltimore County tributary spoil", "redeposit", and "Baltimore Harbor" have the meanings indicated in § 5-1101(a) of the Environment Article.

(b) In general; required covenants. -- Within 15 days after July 1, 1981 the State shall grant an easement to the Hart-Miller-Pleasure Island chain to the grantee in interest. The easement shall be for purposes consistent with the covenants required by this subsection and enforcement of these purposes.

(1) The grantee in interest shall covenant to allow the redeposit of spoil and the redeposit of Baltimore County tributary spoil to take place at the Hart-Miller-Pleasure Island chain, subject to the limitations provided in §§ 5-1101 through 5-1104 of the Environment Article;

(2) Where not inconsistent with the covenant described in paragraph (1) of this subsection, the grantee in interest shall covenant to preserve and maintain the Hart-Miller-Pleasure Island chain as an open area by prohibiting development except that which is necessary for proper recreational use and the construction of any dikes necessary for the dumping of spoil;

(3) The grantee in interest shall covenant that if the Hart-Miller-Pleasure Island chain is ever used for purposes inconsistent with the preservation and maintenance of the island chain as an open area, or with any of the covenants described in this subsection, the easement shall cease;

(4) The grantee in interest shall covenant to allow the State to establish and maintain park and recreational facilities on the Hart-Miller-Pleasure Island chain and to assist the State in making these facilities available to the public for recreational and educational purposes;

(5) The grantee in interest shall covenant to allow the Hart-Miller-Pleasure Island Citizens Oversight Committee established under § 5-1104 of the Environment Article to:

(i) Monitor the redeposit of spoil and Baltimore County tributary spoil at the Hart-Miller-Pleasure Island chain in accordance with § 5-1104(c) of the Environment Article; and

(ii) Hear and dispose of complaints lodged by individuals affected by the redeposit of spoil and Baltimore County tributary spoil.

(6) The grantee in interest shall covenant that if, during the life of its easement to the Hart-Miller-Pleasure Island chain the grantee in interest ceases to exist, the easement shall cease.

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