Maryland Code, LAND USE 7-305
Terms Used In Maryland Code, LAND USE 7-305
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) (1) After receiving a petition and before entering into an agreement, the public principal shall conduct a public hearing.
(2) A public hearing that is required for approval of the development satisfies the public hearing requirement.
(c) The public principal of a local jurisdiction may not enter into an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the comprehensive plan of the local jurisdiction.
(d) (1) If an agreement is not recorded in the land records of the local jurisdiction within 20 days after the date on which the parties execute the agreement, the agreement is void.
(2) The parties to an agreement and their successors in interest are bound to the agreement after the agreement is recorded.
(e) An agreement shall be void 5 years after the date on which the parties execute the agreement unless:
(1) otherwise established under § 7-303 of this subtitle; or
(2) extended by amendment under subsection (f) of this section.
(f) (1) Subject to paragraph (2) of this subsection and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
(2) Unless the planning commission of the local jurisdiction determines whether the proposed amendment is consistent with the comprehensive plan of the local jurisdiction, the parties may not amend an agreement.
(g) (1) The parties to an agreement may terminate the agreement by mutual consent.
(2) If the public principal or the local governing body determines that suspension or termination is essential to ensure the public health, safety, or welfare, the public principal or the local governing body may suspend or terminate an agreement after a public hearing.
(h) Unless the agreement is terminated under subsection (g) of this section, the parties to an agreement or their successors in interest may enforce the agreement.