Md. Code Regs. 34.02.02.01 – Scope.

Preface

These regulations are promulgated pursuant to State Finance and Procurement Article, Title 10, Subtitle 3, Annotated Code of Maryland, which establishes the authority of the Board of Public Works to sell, lease, transfer, exchange, grant, or otherwise dispose of real property owned by the State, and State Finance and Procurement Article, §§3-610, 5-504, and 5-505, Annotated Code of Maryland, which requires State agencies to notify the Department of Budget and Management and the Department of Planning of any real property which is excess to the needs of the State agency or of any substantial change in use of any real property owned by the State. The Department of Budget and Management and the Department of Planning examine the proper disposition of this property, ascertain the interest of State agencies and local governments in the property, and make appropriate recommendations to the using State agency and to the Board of Public Works.

These regulations are applicable to all State-owned real property except that the following State-owned property need not be reported as excess property:

A. Residential property acquired by the Department of Economic and Community Development by foreclosure or similar means in the course of operation of a State lending or insuring program administered by that department;
B. Real property under the control or jurisdiction of the Department of Natural Resources to be sold or leased to an electric company under the Power Plant Siting and Research Program; and
C. Real property under the control and jurisdiction of the Department of Transportation, State Highway Administration, which is less than 3 acres in size or which comes under the provisions of Transportation Article, §8-309(b)(2), Annotated Code of Maryland, unless the seller, assignor, or heir has rejected the prior right to purchase the property and the property is 3 acres or larger in size.

Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,
and Title 10, Subtitle 3, Annotated Code of Maryland

Effective date: May 12, 1976 (3:10 Md. R. 530)

(Chapter recodified from COMAR 16.00.04 to 16.02.02)

Chapter recodified from COMAR 16.02.02 to COMAR 14.24.05 in July, 1989

Chapter recodified from COMAR 14.24.05 to COMAR 34.02.02