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Maryland · Through 2026-01-01

Md. Code, Local Government § 12–406

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  1. Article - Local Government

(a) (1) The County Commissioners of Charles County may:

(i) purchase or lease personal property under a multiyear

contract that requires the county commissioners to make installment or rental

payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments

in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or

leased to secure the obligation.

(2) (i) The county commissioners may enter into a contract

described under paragraph (1) of this subsection only if:

1. the county commissioners have appropriated money

sufficient to pay the amount due under the contract during the first fiscal year in

which the contract is effective;

2. subject to subparagraph (ii) of this paragraph, the

contract authorizes the county commissioners to terminate the contract if money

sufficient to pay the amount due under the contract for any fiscal year is not

appropriated;

3. the contract provides that, except if the county

commissioners default in payment under the contract, an obligation for payment

under the contract is limited to money appropriated for contract payment for that

fiscal year; and

4. the contract provides that, if the county

commissioners default in payment under the contract, the obligation for payment is

limited to:

A. money appropriated for contract payments for that

fiscal year;

B. any money realized from the personal property

purchased or leased under the contract; and

C. any other money legally available for contract

payment.

(ii) The contract may provide that a contract termination is

ineffective if the county commissioners purchase or lease personal property similar

or functionally related to the property purchased or leased under the contract within

a specified period of time.

(b) (1) (i) The County Commissioners of Charles County may:

1. transfer without public sale an interest in surplus

county property to another government unit in the county under terms and conditions

and for consideration, if any, as determined by the county commissioners; and

2. execute and acknowledge any instruments

necessary to transfer the property.

(ii) The county commissioners shall obtain three independent

appraisals before selling surplus school board real property under this paragraph.

(2) Notwithstanding any other provision in this section, the county

commissioners may transfer by public or private sale, any interest in surplus real

property under terms determined by the county commissioners if the transfer of the

property would contribute to economic development in the county.

(c) (1) To establish affordable housing for families of limited income as

defined in § 4–901 of the Housing and Community Development Article or to address

education, human services, housing, cultural, recreational, or community needs, the

County Commissioners of Charles County may:

(i) by resolution, transfer surplus real property in the county

to a private nonprofit corporation in the county or to the Housing Commission of

Charles County, with or without consideration; or

(ii) sell or, if the State does not have a financial interest in the

property, donate surplus school property that is transferred to the county by the

school board, to a government unit or a private nonprofit corporation.

(2) Before transferring surplus property under this subsection, the

county commissioners shall:

(i) hold a public hearing;

(ii) at the hearing, solicit and accept comments concerning the

transfer; and

(iii) at the hearing, consider issues related to the transfer that

include:

1. compatibility of the proposed use with the

neighborhood;

2. financial issues, including the ability of the proposed

transferee to construct, renovate, maintain, and operate a facility on the property;

3. the historical significance of the property; and

4. unique characteristics of any structure on the

property.

(3) The notice of the public hearing shall:

(i) be published at least once each week for 2 successive

weeks, with the last notice advertised at least 7 days before the date of the hearing

in a newspaper of general circulation in the county; and

(ii) include an appraisal of the property obtained by the county

commissioners.

(4) The county commissioners shall adopt regulations to implement

this subsection.

(d) (1) The County Commissioners of Charles County may:

(i) acquire by purchase, lease, condemnation, gift, or devise

real property, or any interest in property, to establish county roads;

(ii) return real property to the original owner of the property

or the owner’s successor in interest when the property is no longer needed for road

purposes;

(iii) sell at a public or private sale any property established as

a county road when the property is no longer needed for road purposes; and

(iv) exchange real property established as a county road when

the property is no longer needed for road purposes for other real property needed to

establish county roads.

(2) The county commissioners shall advertise the sale or exchange of

property under this section at least 20 days before the date of the sale or exchange.

(e) (1) If the County Commissioners of Charles County determine at a

public sale of surplus county property that the highest bid is not reasonable, the

county commissioners may reject all bids on the property.

(2) If the county commissioners reject all bids under this subsection,

the county commissioners:

(i) shall record the highest bid in the minutes; and

(ii) may privately negotiate and sell the surplus property for a

higher price if:

1. the settlement of the property sale is within 1 year

from the day of the initial public sale; and

2. the county commissioners announce the privately

negotiated agreement at the first meeting after reaching the agreement.

(3) The county commissioners shall adopt regulations to implement

this subsection.

Collected 2026-09-14T19:59:58Z. Source file · JSON

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