(a) Definition. In this section, “governmental entity” shall mean an agency of the federal government, an agency or unit of the State government, a quasi-governmental entity, or a political subdivision, but not the Maryland Stadium Authority.
(b) Applicability. This section shall apply when the County receives a request from a governmental entity to obtain fee simple title to real property owned by the County except for non-buildable property as defined in § 8-3-202.
(c) Procedure. If the County Executive seeks to dispose of real property owned by the County to a governmental entity, the procedure shall be as follows.
(1) The Central Services Officer shall make a preliminary determination as to whether the real property may be surplus.
(2) (i) The Real Estate Division shall poll the Office of Central Services, the Office of Planning and Zoning, the departments listed in § 2-1-103(b) of this Code, Arundel Community Development Services, Inc., and the Housing Commission of Anne Arundel County as to a need for the real property;
(ii) An agency head or the agency head’s designee may respond on behalf of the agency; and
(iii) Based on the polling results, the Chief Administrative Officer shall make a final decision as to whether the real property is surplus contingent on the approvals required in this section.
(3) (i) If the real property is determined to be surplus, the Real Estate Division shall establish the value of the property through one independent appraisal if the estimated value is less than $100,000, or by the average of two or more independent appraisals if the estimated value is $100,000 or more.
(ii) Appraisals shall be valid for 18 months from the date of the appraisal.
(4) (i) The Real Estate Division shall give notice to the owners of real property within 300 feet of the lot lines of the County-owned real property, to the community association or homeowners association for the community in which the County-owned real property is located, if any, to the Councilmember representing the district in which the County-owned real property is located, and on the County’s website that the County intends to surplus the real property, that a governmental entity has requested that the real property be transferred to the governmental entity by the County, of the use that the governmental entity plans for the real property, that the County intends to dispose of the real property to the governmental entity through a private disposition, and that the disposition is contingent on the approvals required in this section.
(ii) The notice shall include a statement that comments may be submitted to the Chief Administrative Officer, including an email address and mailing address, by a specified date.
(5) The Real Estate Division shall proceed to negotiate a proposed private disposition of the real property with the governmental entity, the terms of which shall be approved by the Chief Administrative Officer.
(6) If the Chief Administrative Officer approves the proposed disposition of the real property, the County Executive shall seek approval of the County Council by resolution of the determination of the real property as surplus and of the terms of the disposition of the real property.
(d) Reversion. A deed transferring real property under this section shall include a clause stating that the property shall revert to the County if the governmental entity ceases to use the property for the purpose for which it was transferred for more than 90 consecutive days.
(Bill No. 79-23)