Maryland Maryland-National Capital Park and Planning Commission Section 7-106

      (a)      (1)      The Commission may include in its annual budget provision for the acquisition of lands needed for any State highways, streets, roads, or mass transit facilities, including busways and light rail facilities, and for sites for schools, libraries, parks, recreation centers, government buildings, and other public uses in Montgomery County.

            (2)      The highway, street, road, mass transit facility, school site, library site, park site, recreation center site, government building site, or other public use to be acquired under this section shall be shown upon the Commission's general plan for the physical development of the regional district or an adopted plan and each such acquisition shall have received the approval by formal resolution of the district council of Montgomery County.

            (3)      A school site, library site, park site, recreation center site, government building site, or other public use, other than a State highway, street, road, or mass transit facility, may not be within a public construction program current at the time of acquisition.

            (4)      A school site may not be acquired under the terms of this section without the prior approval of the Montgomery County Board of Education.

      (b)      For the purposes of this section the Commission may establish in its annual budget a continuing land acquisition revolving fund from which disbursements for the purposes of this section shall be made. None of the provisions in this article relating to unexpended balances applies to the land acquisition revolving fund.

      (c)      At any time after the acquisition, the Commission may transfer the land acquired in any case to any construction agency of the State, or to either county or to any incorporated municipality, as defined in § 8-104(c) of this article, within either county, upon repayment to the Commission of the funds disbursed by the Commission for the land, plus interest. The amount of any repayment shall be placed in the land acquisition revolving fund. If the land acquired in any case is determined by the State construction agency for the county or municipality not to be required for the public use shown in the plan specified in subsection (a)(2) of this section, the Commission may use the land as a part of its park system, but such use by the Commission for park or recreation purposes is not a dedication for these purposes. If the land is determined by the Commission at any time not to be needed for park purposes the Commission may dispose of it in the manner provided elsewhere in this article.

      (d)      (1)      The Commission may include in its annual budget provision for the acquisition of lands needed for school sites, libraries, recreation centers, health services facilities, elder care facilities, and other public uses in Prince George's County, provided that land may not be acquired for any project that is within the capital budget of the approved capital improvement program of Prince George's County.

            (2)      Provision also may be made for acquisition of lands in Prince George's County needed for State highways, streets, roads, or mass transit facilities, including busways and light rail facilities, that are shown on adopted and approved master plans and are included in the Maryland twenty-year highway needs study.

            (3)      All land acquisitions shall be subject to passage of an ordinance by the County Council.

      (e)      For the purposes of this section, in Prince George's County and Montgomery County, the Commission may establish in its annual budget a continuing land acquisition revolving fund from which disbursements for the purposes of this section shall be made, and the Commission may issue and sell serial bonds from time to time in amounts it deems necessary for this purpose. However, in Prince George's County the County Council shall approve the Commission's issue and sale of bonds concerning that county. The total amount of the bonds outstanding at any time may not exceed an amount which can be redeemed within 30 years from the date of issue by means of a tax of 1.2 cents on each $100 assessed valuation of real property in Prince George's County and Montgomery County and 3 cents on each $100 assessed valuation of personal property and operating real property described in § 8-109(c) of the Tax - Property Article; in making such calculation, assumptions may be made as set forth in § 6-101(b) of this article. The provisions relating to form, interest rate, sale, redemption, guarantee, and liability contained in § 6-101 (serial bonds, notes, and other obligations) shall be equally applicable to bonds issued pursuant to the provisions of this section.

            (1)      (i)      The Montgomery County Council may levy against all of the property assessed for the purposes of county taxation, annually a tax of not less than 0.4 cents or more than 1.2 cents on each $100 of assessed valuation of real property and not less than 1 cent or more than 3 cents on each $100 of assessed valuation of personal property and operating real property described in § 8-109(c) of the Tax - Property Article. The tax shall be levied notwithstanding the fact that no interest may be due on the bonds or notes and/or notwithstanding the fact that no bonds or notes whatever have been issued under this title.

                  (ii)      If a tax greater than 0.4 cents on real property or 1 cent on personal property and operating real property described in § 8-109(c) of the Tax - Property Article is levied in any year, then thereafter the Montgomery County Council shall continue to levy a tax sufficient to pay the interest on the bonds as it becomes due and to pay the principal thereof as they mature, the tax in any one year not to exceed the limit heretofore provided. The tax need not be levied to the extent that funds are available from the sources to make the payments in any year and have been applied to or authorized for payment by the Commission.

                  (iii)      Every 60 days the tax so levied and collected to date by the county shall be remitted to the Commission. All proceeds from the tax not used for debt service on the principal and interest of the bonds may be paid into the revolving fund for the uses specified in this section, or for payment of debt service bonds issued under this section. None of the provisions in this article relating to unexpended balances apply to the land acquisition revolving fund.

            (2)      The Prince George's County Council shall levy an annual amount on all property assessed for the purposes of county taxation sufficient to pay the interest on the bond as it becomes due and to pay the principal as the bonds mature if the Prince George's County Council has approved the issue and sale of these bonds.

      (e-1)      Subject to § 6-111 of this article, the taxes authorized by this section shall be levied and collected in the same manner, have the same priority, bear the same interest, and be treated in all respects as county taxes.

      (f)      At any time after the acquisition, the Commission may transfer the land so acquired in any case to any construction agency of the State of Maryland, to the county, to any incorporated municipality of Prince George's County, to the redevelopment authority of Prince George's County, or the revenue authority of Prince George's County, upon repayment to the Commission of the funds so disbursed by the Commission for the land, plus interest. The amount of the repayment shall be placed in the land acquisition revolving fund. If the land acquired in any case is determined, by the State construction agency for the county or municipality or by the redevelopment authority or revenue authority of Prince George's County, not to be required for public use, the Commission may use the land as a part of its park system, subject to the approval of the County Commissioners but this use by the Commission for park or recreation purposes is not a dedication for these purposes. If the land is determined by the Commission at any time not to be needed for park purposes the Commission may dispose of it in the manner provided elsewhere in this article.

      (g)      The Commission, upon request of the college's board of trustees, and in accordance with procedures contained in § 16-413 of the Education Article, may make recommendations to the board of trustees of the Montgomery Community College concerning real property sites appropriate for acquisition by the board which conform as far as practicable to development plans for land use in the county.