EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0974*
SENATE BILL 974
P2, N1, M1 2lr3023
By: Senator Jennings
Introduced and read first time: February 15, 2022
Assigned to: Rules
Re–referred to: Budget and Taxation, February 25, 2022
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 18, 2022
CHAPTER ______
AN ACT concerning 1
Department of Natural Resources’ Real Property – Exchange With Private Real 2
Property – Requirement 3
FOR the purpose of requiring authorizing the Department of Natural Resources State to 4
exchange real property owned by the State for the use and benefit of the Department 5
of Natural Resources with private real property under certain circumstances; and 6
generally relating to the exchange of real property owned by the State for the use 7
and benefit of the Department of Natural Resources. 8
BY repealing and reenacting, with without amendments, 9
Article – State Finance and Procurement 10
Section 10–305(a) 11
Annotated Code of Maryland 12
(2021 Replacement Volume) 13
BY repealing and reenacting, with amendments, 14
Article – State Finance and Procurement 15
Section 10–305(b)(1) 16
Annotated Code of Maryland 17
(2021 Replacement Volume) 18
BY adding to 19
Article – State Finance and Procurement 20
Section 10–305(j) 21 2 SENATE BILL 974
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – State Finance and Procurement 5
10–305. 6
(a) (1) Subject to subsections (b) and (c) of this section, any real or personal 7
property of the State or a unit of the State government may be sold, leased, transferred, 8
exchanged, granted, or otherwise disposed of: 9
[(1)] (I) to any person, to the United States or any of its units, or to any 10
unit of the State government, for a consideration the Board decides is adequate; or 11
[(2)] (II) to any county or municipal corporation in the State subject to any 12
conditions the Board imposes. 13
(2) IF A PROPERTY OWNER R EQUESTS TO EXCHANGE PRIVATE REAL 14
PROPERTY WITH REAL P ROPERTY OWNED BY THE DEPARTMENT OF NATURAL 15
RESOURCES, THE DEPARTMENT OF NATURAL RESOURCES SHALL EXCHA NGE ITS 16
REAL PROPERTY IF : 17
(I) THE PRIVATE REAL PRO PERTY IS EQUAL TO OR LARGER 18
THAN THE SIZE OF THE REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL 19
RESOURCES; 20
(II) THE PRIVATE REAL PRO PERTY IS ADJACENT TO REAL 21
PROPERTY OWNED BY TH E DEPARTMENT OF NATURAL RESOURCES THAT IS 22
CONTIGUOUS WITH THE REAL PROPERTY THE PR OPERTY OWNER IS REQU ESTING 23
THAT THE DEPARTMENT OF NATURAL RESOURCES EXCHANGE ; 24
(III) THE APPRAISED VALUE OF THE PRIVATE REAL PROPERTY 25
IS: 26
1. EQUAL TO OR LESS THA N $100,000; AND 27
2. EQUAL TO OR GREATER THAN THE APPRAISED VAL UE 28
OF THE REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES; 29
AND 30
(IV) THE APPRAISED VALUE OF THE REAL PROPERTY OWNED BY 31
THE DEPARTMENT OF NATURAL RESOURCES IS EQUAL TO OR LESS THAN $100,000. 32 SENATE BILL 974 3
(b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, 1
this subsection applies to the sale, transfer, grant, or exchange of: 2
1. real property identified under § 5–310(c)(1) of this article; 3
and 4
2. State–owned real or personal property, funded in 5
accordance with an appropriation act of the General Assembly, that has an appraised value 6
over $100,000. 7
(ii) This subsection does not apply to the following dispositions of 8
property identified in subparagraph (i) of this paragraph: 9
1. leasing the property; [or] 10
2. the sale, transfer, grant, or exchange of a corrective or 11
access easement on the property; OR 12
3. AN EXCHANGE UNDER SU BSECTION (J) OF THIS 13
SECTION. 14
(J) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF AN OWNER 15
OF REAL PROPERTY REQUESTS TO EXCHANGE THE OWNER’S REAL PROPERTY WITH 16
REAL PROPERTY OWNED BY THE STATE FOR THE USE AND BENEFIT OF THE 17
DEPARTMENT OF NATURAL RESOURCES, THE STATE MAY EXCHANGE IT S REAL 18
PROPERTY FOR THE OWN ER’S REAL PROPERTY IF : 19
(I) THE REAL PROPERTY OW NED BY THE STATE DOES NOT 20
EXCEED 2 ACRES IN SIZE; AND 21
(II) THE OWNER REQUESTING THE EXCHANGE PAYS AL L COSTS 22
ASSOCIATED WITH THE EXCHANGE OF THE REAL PROPERTY, INCLUDING BOUNDARY 23
RELOCATION , SURVEYING, ENGINEERING , LEGAL FEES, AND RECORDATION COSTS . 24
(2) (I) THE BOARD MAY NOT APPROVE AN EXCHANGE UNDER TH IS 25
SUBSECTION UNLESS : 26
1. THE DEPARTMENT OF NATURAL RESOURCES 27
SUBMITS TO THE LEGISLATIVE POLICY COMMITTEE: 28
A. A DESCRIPTION OF THE PROPERTY TO BE 29
EXCHANGED ; AND 30
B. THE JUSTIFICATION FOR TH E EXCHANGE; AND 31 4 SENATE BILL 974
2. THE LEGISLATIVE POLICY COMMITTEE REVIEWS THE 1
INFORMATION SUBMITTE D BY THE DEPARTMENT OF NATURAL RESOURCES UNDER 2
THIS SUBPARAGRAPH AN D: 3
A. APPROVES THE PROPOSE D EXCHANGE AND REFER S 4
THE PROPERTY BACK TO THE BOARD FOR FINAL DISPO SITION; OR 5
B. REFERS THE PROPOSED EXCHANGE TO THE FULL 6
GENERAL ASSEMBLY AND NOTIFIES THE BOARD OF THE REFERRAL . 7
(II) IF THE LEGISLATIVE POLICY COMMITTEE FAILS TO TA KE 8
ANY ACTION UNDER SUB PARAGRAPH (I)2 OF THIS PARAGRAPH WI THIN 45 DAYS 9
AFTER RECEIVING THE INFORMATION SUBMITTE D UNDER SUBPARAGRAPH (I)1 OF 10
THIS PARAGRAPH , THE PROPOSED EXCHANG E SHALL BE DEEMED : 11
1. APPROVED BY THE COMMITTEE; AND 12
2. REFERRED TO THE BOARD FOR FINAL DISPO SITION. 13
(III) 1. IF THE LEGISLATIVE POLICY COMMITTEE REFERS 14
THE PROPOSED EXCHANG E OF REAL PROPERTY T O THE FULL GENERAL ASSEMBLY, 15
THE PROPOSED EXCHANG E MAY NOT BE APPROVE D BY THE BOARD UNLESS IT IS 16
APPROVED BY THE PASS AGE OF LEGISLATION D URING THE NEXT LEGIS LATIVE 17
SESSION OF THE GENERAL ASSEMBLY. 18
2. IN ANY LEGISLATION PA SSED IN ACCORDANCE W ITH 19
THIS SUBPARAGRAPH , THE GENERAL ASSEMBLY MAY APPROVE THE PROPOSED 20
EXCHANGE WITH OR WIT HOUT CONDITIONS . 21
(3) AN EXCHANGE UNDER THI S SUBSECTION IS NOT SUBJECT TO THE 22
NOTICE REQUIREMENT U NDER § 5–310(A) OF THIS ARTICLE. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2022. 25