(a) (1) Except as provided in subsection (b) of this section, the county commissioners of every county may:
(i) Acquire by purchase, gift, devise, bequest, condemnation, or otherwise, any property, or any interest therein, of any kind needed for any public purpose;
(ii) Erect buildings thereon for the benefit of the county; and
(iii) Sell at public sale any property when no longer needed for public use.
(2) Property may not be sold until it has been advertised for at least 20 days prior to the date of sale.
(b) (1) The provisions of this subsection prevail over those of subsection (a) to the extent of any inconsistency.
(2) In Frederick County and Somerset County, county commissioners may negotiate with any governmental body or agency located within the county for the sale of real property no longer needed by the county school board, without advertising the property for sale, after three independent appraisals have been obtained. Any proceedings for acquisition by condemnation shall be taken pursuant to Title 12 of the Real Property Article of the Code.
(3) (i) In Frederick County, the board of county commissioners may also negotiate with Frederick Memorial Hospital, Inc. in the same manner in which the board of county commissioners may negotiate with any governmental body or agency located within the county for the sale of real property no longer needed by the county school board.
(ii) In Frederick County, the board of county commissioners may accept gifts of land not needed for public purposes and sell the property at public or private sale for such consideration as the board considers adequate. All proceeds derived from the sale of such land shall be used in accordance with the county budget, or in accordance with a resolution adopted by the board. Any sales agreement entered into under this subparagraph may not become effective until a copy thereof has been filed with the clerk of the court of the county, and a summary of the agreement has been published in at least one newspaper of general circulation in the county.
(iii) In Frederick County, the board of county commissioners may sell abandoned rights-of- way in the county:
1. At a public or private sale; and
2. After the property has been advertised for at least 20 days.
(iv) In Frederick County, in addition to the authority granted in this section, the board of county commissioners may sell at a public or private sale any real property owned by the board of county commissioners, if the board of county commissioners:
1. Determines that the property is no longer needed for any public use; and
2. Subject to the procedures of the county commissioners, provides adequate notice and a hearing on the sale of the real property.
(1984, Chapter 656, § 1; 1986, Chapter 787, § 1; 2002, Chapter 506, § 1)
Editor’s note:
Chapter 656, § 1, 1984, nonamendatory of the Code, has been included herein as § 2-2-21.1, at the discretion of the editors. Subsequently, Chapter 787, § 1, 1986, has been treated as amending Chapter 656, as set forth hereinabove.