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Terms Used In Maryland Code, LAND USE 7-303

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) A development rights and responsibilities agreement shall include:

(1) a legal description of the real property subject to the agreement;

(2) the names of the persons having a legal or equitable interest in the real property subject to the agreement;

(3) the duration of the agreement;

(4) the permissible uses of the real property;

(5) the density or intensity of use of the real property;

(6) the maximum height and size of structures to be located on the real property;

(7) a description of the permits required or already approved for the development of the real property;

(8) a statement that the proposed development is consistent with the comprehensive plan and development regulations of the local jurisdiction;

(9) a description of the conditions, terms, restrictions, or other requirements determined by the local governing body of the local jurisdiction to be necessary to ensure the public health, safety, or welfare; and

(10) to the extent applicable, provisions for the:

(i) dedication of a portion of the real property for public use;

(ii) protection of sensitive areas;

(iii) preservation and restoration of historic structures; and

(iv) construction or financing of public facilities.

(b) An agreement may:

(1) set the time frame and terms for development and construction on the real property; and

(2) provide for other matters consistent with this division.