{"data":{"id":"us-md/md.-code-local-government-12-402","jurisdiction":"us-md","citation":"Md. Code, Local Government § 12–402","heading":"","body":"(a) (1) The County Commissioners of Calvert County may acquire an\noption on real property that is needed for a public purpose.\n(2) For at least 3 successive weeks immediately after acquiring an\noption to lease or purchase real property, the county commissioners shall publish\nnotice of the option in at least one newspaper of general circulation in the county.\n(3) The notice shall include:\n(i) the name of the optionee;\n(ii) the purpose for securing the option; and\n(iii) the price and terms of the option.\n(b) (1) The County Commissioners of Calvert County may:\n(i) purchase or lease personal property under a multiyear\ncontract that requires the county commissioners to make installment or rental\npayments during 2 or more fiscal years;\n(ii) pay interest as part of any installment or rental payments\nin accordance with the terms of the contract; and\n(iii) pledge and assign the personal property purchased or\nleased to secure the obligation.\n(2) (i) The county commissioners may enter into a contract under\nparagraph (1) of this subsection only if:\n1. the county commissioners have appropriated money\nsufficient to pay the amount due under the contract during the first fiscal year in\nwhich the contract is effective;\n2. subject to subparagraph (ii) of this paragraph, the\ncontract authorizes the county commissioners to terminate the contract if money\nsufficient to pay the amount due under the contract for any fiscal year is not\nappropriated;\n3. the contract provides that, except if the county\ncommissioners default in payment under the contract, an obligation for payment\nunder the contract is limited to money appropriated for contract payment for that\nfiscal year; and\n4. the contract provides that, if the county\ncommissioners default in payment under the contract, the obligation for payment is\nlimited to:\nA. money appropriated for contract payments for that\nfiscal year;\nB. any money realized from the personal property\npurchased or leased under the contract; and\nC. any other money legally available for contract\npayment.\n(ii) The contract may provide that a contract termination is\nineffective if the county commissioners purchase or lease personal property similar\nor functionally related to the property purchased or leased under the contract within\na specified period of time.\n(c) (1) The County Commissioners of Calvert County may lease or sell\nsurplus county real property.\n(2) (i) If the county commissioners decide to sell real property\nwhere a facility for which the county commissioners appropriated at least $1,000 in\nany year is located, the county commissioners shall sell the property by sealed bids.\n(ii) The county commissioners shall advertise an invitation for\nbids for at least 3 successive weeks in at least one newspaper of general circulation\nin the county.\n(iii) The advertisement shall:\n1. accurately describe the property;\n2. state the time and place for the opening of the bids;\nand\n3. state that the county commissioners reserve the\nright to reject a bid.\n(iv) The county commissioners shall open all bids publicly at\nthe time stated in the advertisement.\n(v) The county commissioners shall sell the property to the\nhighest bidder, unless the county commissioners determine that the county would be\nbetter served by selling the property to another bidder.\n(vi) If the county commissioners reject all bids or if no bids are\nsubmitted, the county commissioners may dispose of the property in a manner that\nthe county commissioners determine to be appropriate.\n(d) (1) Except as provided in paragraph (2) of this subsection, the County\nCommissioners of Calvert County may transfer, convey, or lease any interest in the\nreal property known as the Solomons Elementary School property to the Calvert\nCounty Historical Society, Inc., for use as a public maritime museum without\ncomplying with the requirements of this section.\n(2) A transfer of real property to the Calvert County Historical\nSociety, Inc., under this subsection is subject to subsection (e)(2) and (3) of this\nsection.\n(3) If the Solomons Elementary School property ceases to be used as\na museum open to the public, the property immediately shall revert to the county.\n(e) (1) (i) By resolution, the County Commissioners of Calvert\nCounty may transfer an interest in real property to the federal government, the State,\na political subdivision, or a public instrumentality without consideration if the\nproperty will be used for a public purpose.\n(ii) A transfer instrument executed under this paragraph shall\ninclude a provision that the property shall revert to the county if the property ceases\nto be used for a public purpose, unless the county commissioners expressly waive\nreceipt of the reversionary interest at the time the transferee ceases to use the\nproperty for a public purpose.\n(2) By resolution, the county commissioners may donate an interest\nin surplus real property to a private, nonprofit corporation for educational, human\nservices, housing, cultural, recreational, or community uses.\n(3) Before transferring or donating property under this subsection,\nthe county commissioners shall:\n(i) hold a public hearing at least 10 days before taking action\non the proposed resolution;\n(ii) publish notice of the hearing and a synopsis of the proposed\nresolution once each week for 2 successive weeks before the hearing in at least one\nnewspaper of general circulation in the county; and\n(iii) have an appraisal made of the property for discussion at\nthe hearing.\n(f) (1) The County Commissioners of Calvert County may:\n(i) provide wholly or partly for the financing of the purchase,\nconstruction, rehabilitation, or development of housing or a housing project; and\n(ii) record a deed of trust, mortgage, or other instrument on\nthe property where the housing or housing project is located to ensure repayment of\nmoney provided under this paragraph.\n(2) The county commissioners shall:\n(i) adopt a resolution each time money is provided under this\nsubsection;\n(ii) hold a public hearing at least 10 days before taking action\non a proposed resolution; and\n(iii) publish notice of the hearing and a synopsis of the proposed\nresolution once each week for 2 successive weeks before the hearing in at least one\nnewspaper of general circulation in the county.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=12-402","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"464b76ff787b9b6f2f546fecb1d239d67d90c5b6d8c6c8530fa1c2625b8beba3","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-12-401","next":"us-md/md.-code-local-government-12-403"},"notice":"GroundRules: Original legal text. Not legal advice."}