3254

LAWS OF MARYLAND

Ch. 808

sub-subparagraph 2(B)(i) of subsection (b) of this section
at the time development occurs. The development tax shall
be due at the same time the real property taxes are due
based upon such assessment in accordance with the provisions
of Section 48 of this article or upon transfer of all or a
portion of the land prior to the date real property taxes
are due. In the case of such transfer, the tax shall be
imposed at the time of transfer.

(vi) The Department may provide for
written agreements for installment payments of the tax
imposed by sub-subparagraph (i).

(vii) Upon the execution of a
contract for the transfer of any interest in land which is
or which may become subject to the development tax as
provided in this paragraph, the seller in the contract of
sale shall give the buyer written notice of the development
tax or the conditions under which a lien may arise. If the
seller fails to notify the buyer, the seller is liable to
the buyer for the amount of the lien or development tax.

(viii) In the event that the
assessment has changed from agricultural use assessment to a
nonagricultural use assessment, the Department of
Assessments and Taxation shall notify the owner or owners of
the land that the land is or may become subject to the
development tax under the provisions of paragraph (2)(B) of
this subsection. The notice shall be in writing and shall
be included in the assessment notice. All such notices shall
include the method of computation of the development tax,
and the notice requirements of sub-subparagraph (vii) of
paragraph (2)(B) of subsection (b) of this section. Notice
of any change in assessment according to this paragraph
shall be given in the same manner as a real property
assessment notice. A landowner may appeal any reassessment
according to Article 81 Sections 255 and 256 Md. Ann. Code.

(ix) A. A subdivision of the State
may not impose a local transfer tax upon the transfer of
land subject to the provisions of this paragraph in an
amount that is greater than the local transfer tax rate that
applies to improved residential property in that subdivision
unless the greater tax was levied before July 1, 1979. A
subdivision may not impose a local transfer tax to a rate,
or increase a local transfer tax to a rate, above the rate
imposed as of July 1, 1979 on any land subject to the
provisions of this paragraph. Furthermore, in any
subdivision that has imposed a transfer tax at a rate in
excess of the rate of the transfer tax levied on improved
residential property, the payor of the most recent transfer
tax applied at the maximum rate applicable to land
previously assessed as agricultural, upon application, shall
be entitled to a refund at the time the development tax is
paid. The amount of the refund shall be the amount by which
the transfer tax on the same land exceeded 1 percent of the
value of the consideration received for the sale of the land