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 Anne Arundel County
 Code of Ordinances
 Article 17. SUBDIVISION AND DEVELOPMENT
 Title 10. AGRICULTURAL LAND PRESERVATION
 SubTitle 2. LOCAL PROGRAM

  § 17-10-208. Valuation, priority of easement purchase.  

Latest version.
  • (a) Purchase price. Except as provided in subsection (b) for easements purchased by the execution and delivery of long-term obligations, including installment purchase agreements, the purchase price of an easement shall be based on:
    (1) an appraisal obtained by the County; or
    (2) if the landowner is dissatisfied with the appraisal obtained by the County, the average of the amount set forth in the County's appraisal and an appraisal obtained by the landowner at the landowner's sole expense from a list of appraisers approved by the County, but in no event less than the amount set forth in the County's appraisal.
    (b) Long-term obligation. Except as otherwise provided by ordinance, for easements purchased by installment purchase agreements, the Planning and Zoning Officer, with the advice of the Controller, may negotiate the terms of a long-term obligation, including the stated purchase price or amount, the interest rate, and other appropriate provisions such that, in the reasonable determination of the Planning and Zoning Officer, the face value of the long-term obligation is less than or commensurate with the value of the easement based on an appraisal.
    (c) Priorities for easement purchases. For properties referred into the County program, the Planning and Zoning Officer shall set priorities for the purchase of easements, based on factors the Planning and Zoning Officer determines are necessary to preserve agricultural land or woodlands, including the purchase price, whether the land is in the General Development Plan as agricultural or open space, and whether the land borders a municipality or other developing area.
    (d) Terms for payment. The purchase price shall be paid to the landowner immediately on execution of an easement or on such terms as the County and the landowner agree, provided that the purchase price under an installment purchase agreement shall be available and encumbered in the fiscal year that the easement is purchased, unless otherwise authorized by ordinance of the County Council.
    (e) County not obligated. Neither the determination by the Planning and Zoning Officer that a property is eligible for the purchase of an easement nor the obtaining of an appraisal obligates the County to purchase an easement.
    (1985 Code, Art. 24, § 2-207) (Bill No. 45-90; Bill No. 79-94; Bill No. 56-99; Bill No. 20-00)