This section applies to all counties, except Baltimore City. Except as provided in §§ 12–404, 12–405, 12–406, 12–408, 12–409, 12–410, and 12–411 of this subtitle, the governing body of a county may: acquire, by lease, purchase, gift, devise, bequest, condemnation, or any other method, an interest in any property that is needed for a public purpose; construct buildings on the property for the benefit of the county; sell surplus property at public sale, after advertising the sale for at least 20 days; or provide wholly or partly for the financing of housing or a housing project; and place a deed of trust, mortgage, or other instrument on the financed property to ensure repayment of money used to purchase, construct, rehabilitate, or develop the housing or housing project.

The County Commissioners of Calvert County may acquire an option on real property that is needed for a public purpose. For at least 3 successive weeks immediately after acquiring an option to lease or purchase real property, the county commissioners shall publish notice of the option in at least one newspaper of general circulation in the county. The notice shall include: the name of the optionee; the purpose for securing the option; and the price and terms of the option. The County Commissioners of Calvert County may: purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The county commissioners may enter into a contract under paragraph (1) of this subsection only if: the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. The County Commissioners of Calvert County may lease or sell surplus county real property. If the county commissioners decide to sell real property where a facility for which the county commissioners appropriated at least $1,000 in any year is located, the county commissioners shall sell the property by sealed bids. The county commissioners shall advertise an invitation for bids for at least 3 successive weeks in at least one newspaper of general circulation in the county. The advertisement shall: accurately describe the property; state the time and place for the opening of the bids; and state that the county commissioners reserve the right to reject a bid. The county commissioners shall open all bids publicly at the time stated in the advertisement. The county commissioners shall sell the property to the highest bidder, unless the county commissioners determine that the county would be better served by selling the property to another bidder. If the county commissioners reject all bids or if no bids are submitted, the county commissioners may dispose of the property in a manner that the county commissioners determine to be appropriate. Except as provided in paragraph (2) of this subsection, the County Commissioners of Calvert County may transfer, convey, or lease any interest in the real property known as the Solomons Elementary School property to the Calvert County Historical Society, Inc., for use as a public maritime museum without complying with the requirements of this section. A transfer of real property to the Calvert County Historical Society, Inc., under this subsection is subject to subsection (e)(2) and (3) of this section. If the Solomons Elementary School property ceases to be used as a museum open to the public, the property immediately shall revert to the county. By resolution, the County Commissioners of Calvert County may transfer an interest in real property to the federal government, the State, a political subdivision, or a public instrumentality without consideration if the property will be used for a public purpose. A transfer instrument executed under this paragraph shall include a provision that the property shall revert to the county if the property ceases to be used for a public purpose, unless the county commissioners expressly waive receipt of the reversionary interest at the time the transferee ceases to use the property for a public purpose. By resolution, the county commissioners may donate an interest in surplus real property to a private, nonprofit corporation for educational, human services, housing, cultural, recreational, or community uses. Before transferring or donating property under this subsection, the county commissioners shall: hold a public hearing at least 10 days before taking action on the proposed resolution; publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county; and have an appraisal made of the property for discussion at the hearing. The County Commissioners of Calvert County may: provide wholly or partly for the financing of the purchase, construction, rehabilitation, or development of housing or a housing project; and record a deed of trust, mortgage, or other instrument on the property where the housing or housing project is located to ensure repayment of money provided under this paragraph. The county commissioners shall: adopt a resolution each time money is provided under this subsection; hold a public hearing at least 10 days before taking action on a proposed resolution; and publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county.

The County Commissioners of Caroline County may: purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The County Commissioners of Caroline County may enter into a contract under subsection (a) of this section only if: the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to paragraph (2) of this subsection, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

Except for the procurement of an option to purchase real property, the County Commissioners of Carroll County or a public agency of the county may not take final action to purchase real property unless: the action is taken at a public meeting; and if the consideration for the property is $7,000 or more, the county commissioners or public agency have given public notice of the intent to purchase the real property at least 15 calendar days before the meeting. The County Commissioners of Carroll County may: transfer without public sale an interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and execute and acknowledge any instruments necessary to transfer the property. The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this subsection. If the County Commissioners of Carroll County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property. If the county commissioners reject all bids under this subsection, the county commissioners: shall record the highest bid in the minutes; and may privately negotiate and sell the surplus property for a higher price if: the settlement of the property sale is within 1 year after the date of the initial public sale; and the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement. The county commissioners shall adopt regulations to implement this subsection. The County Commissioners of Carroll County may dispose of surplus county personal property with a value of less than $250 by: public auction; public sale that is advertised by public notice in a media that is accessible to the general public; transfer to a unit of a county, a municipality, or the State; transfer to a private nonprofit corporation that is tax exempt under § 501(c)(3) of the Internal Revenue Code and authorized to receive appropriations from the county; deposit at the swap shop at the Northern Landfill; or disposal in a solid waste disposal facility.

Notwithstanding any other provision of State law, when negotiating to purchase real property, the governing body of Cecil County, a unit of the county, or the Cecil County Board of Education first shall acquire an option on the property. An option acquired under this subsection shall be: acquired for consideration not exceeding $100; and for the purchase of property at a fixed price within an agreed period of time not exceeding 6 months. An option may not be disclosed to the public until the option is signed by both parties. After an option has been signed by both parties, the governing body, unit of the county, or county board of education shall publish notice of the option once each week for 2 successive weeks in a newspaper of general circulation in the county. A notice published under this subsection shall specify: the name of the optioner and optionee; the length of the option; the proposed purchase price for the property; and the date, time, and place for the public hearing on the option. The governing body, unit of the county, or county board of education shall set a date for the hearing that is between 7 and 30 days, inclusive, after the date on which the final notice is published. The governing body, unit of the county, or county board of education shall allow any person to testify at a public hearing on an option. After the public hearing, the governing body, unit of the county, or county board of education: shall exercise the option as soon as legally allowed, if the governing body, unit of the county, or county board of education determines that the option is necessary or desirable; or may not exercise the option, if the governing body, unit of the county, or county board of education determines that the option is not necessary or desirable. The governing body of Cecil County may: sell by public or private sale or lease surplus county real property; and execute and acknowledge any instrument necessary to transfer the property. Before the governing body may contract to transfer an interest in county real property, the governing body shall: hold a public hearing between the hours of 6 p.m. and 10 p.m.; and advertise the public hearing at least 2 weeks before the day of the hearing in a newspaper of general circulation in the county.

The County Commissioners of Charles County may: purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The county commissioners may enter into a contract described under paragraph (1) of this subsection only if: the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. The County Commissioners of Charles County may: transfer without public sale an interest in surplus county property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and execute and acknowledge any instruments necessary to transfer the property. The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this paragraph. Notwithstanding any other provision in this section, the county commissioners may transfer by public or private sale, any interest in surplus real property under terms determined by the county commissioners if the transfer of the property would contribute to economic development in the county. To establish affordable housing for families of limited income as defined in § 4–901 of the Housing and Community Development Article or to address education, human services, housing, cultural, recreational, or community needs, the County Commissioners of Charles County may: by resolution, transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Commission of Charles County, with or without consideration; or sell or, if the State does not have a financial interest in the property, donate surplus school property that is transferred to the county by the school board, to a government unit or a private nonprofit corporation. Before transferring surplus property under this subsection, the county commissioners shall: hold a public hearing; at the hearing, solicit and accept comments concerning the transfer; and at the hearing, consider issues related to the transfer that include: compatibility of the proposed use with the neighborhood; financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property; the historical significance of the property; and unique characteristics of any structure on the property. The notice of the public hearing shall: be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and include an appraisal of the property obtained by the county commissioners. The county commissioners shall adopt regulations to implement this subsection. The County Commissioners of Charles County may: acquire by purchase, lease, condemnation, gift, or devise real property, or any interest in property, to establish county roads; return real property to the original owner of the property or the owner’s successor in interest when the property is no longer needed for road purposes; sell at a public or private sale any property established as a county road when the property is no longer needed for road purposes; and exchange real property established as a county road when the property is no longer needed for road purposes for other real property needed to establish county roads. The county commissioners shall advertise the sale or exchange of property under this section at least 20 days before the date of the sale or exchange. If the County Commissioners of Charles County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property. If the county commissioners reject all bids under this subsection, the county commissioners: shall record the highest bid in the minutes; and may privately negotiate and sell the surplus property for a higher price if: the settlement of the property sale is within 1 year from the day of the initial public sale; and the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement. The county commissioners shall adopt regulations to implement this subsection.

The governing body of Dorchester County may: purchase or lease personal property under a multiyear contract that requires the governing body to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The governing body may enter into a contract under paragraph (1) of this subsection only if: the governing body has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to subparagraph (ii) of this paragraph, the contract authorizes the governing body to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the governing body defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the governing body defaults in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the governing body purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. Except as provided in subsection (d) of this section, the governing body of Dorchester County may: transfer without public sale any interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the governing body; and execute and acknowledge any instruments necessary to transfer the property. The governing body may: lease surplus real property to a nonprofit organization on terms and conditions as determined by the governing body; and execute and acknowledge any instruments necessary to lease the property. The governing body of Dorchester County may: transfer without public sale surplus county real property, or any reversionary interest in that property, to any volunteer fire company located in the county for use in providing fire, emergency, and supporting services or facilities, on terms and conditions and for consideration, if any, as determined by the governing body; and execute and acknowledge any instruments necessary to transfer the property. When selling or leasing riparian rights adjacent to county real property located in the City of Cambridge, the governing body of Dorchester County shall: solicit sealed bids or proposals by public advertisement in at least one newspaper of general circulation in the county; open the sealed bids or proposals in public; reject any unresponsive or unacceptable bid or proposal; and select the bidder or offeror who proposes terms most favorable to the county. The governing body may take any action necessary to implement a competitive bidding process under this subsection.

Frederick County may: purchase or lease personal property under a multiyear contract that requires the county to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The county may enter into a contract under paragraph (1) of this subsection only if: the county has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to subparagraph (ii) of this paragraph, the contract authorizes the county to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the county defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the county defaults in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the county purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. Frederick County may sell to a government unit located in the county or to the Frederick Memorial Hospital, Inc., surplus school board real property: without advertising the property for sale; and after obtaining three independent appraisals. Frederick County may sell surplus county real property at a public or private sale if, subject to county procedures, the governing body of Frederick County holds a hearing on the sale and provides adequate notice of the hearing. Frederick County may: accept a donation of real property that is not needed for a public purpose; and sell the property by public or private sale for consideration that the county determines to be adequate. The county shall use all proceeds from the sale of real property under this subsection in accordance with the county budget or a resolution adopted by the governing body. A sales agreement entered into under this subsection is not effective until: a copy of the agreement is filed with the clerk of the court; and a summary of the agreement is published in at least one newspaper of general circulation in the county. Frederick County may sell an abandoned right–of–way in the county by public or private sale, after advertising the property for sale for at least 20 days.

The County Commissioners of Garrett County may: purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; pay interest as part of any installment or rental payments in accordance with the terms of the contract; and pledge and assign the personal property purchased or leased to secure the obligation. The county commissioners may enter into a contract under paragraph (1) of this subsection only if: the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: money appropriated for contract payments for that fiscal year; any money realized from the personal property purchased or leased under the contract; and any other money legally available for contract payment. The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. The County Commissioners of Garrett County may dispose of surplus county personal property by: public auction; public sale; a trade–in for new or used equipment; recycling; or disposal in the Garrett County landfill. In Garrett County, if a public sale of surplus real property does not yield a bid for the property, the County Commissioners of Garrett County: shall record in their minutes that no bids were made; may sell the surplus property by private sale for a reasonable price; and shall announce the sale agreement at the first meeting after making the agreement. The county commissioners shall adopt regulations to implement this subsection.

The County Commissioners of St. Mary’s County may sell to a government unit located in the county surplus school board real property: without advertising the property for sale; and after obtaining three independent appraisals. The County Commissioners of St. Mary’s County may sell surplus county real property at a public or private sale if, subject to county procedures, the county commissioners hold a hearing on the sale and provide adequate notice of the hearing. By resolution, the County Commissioners of St. Mary’s County may transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Authority of St. Mary’s County with or without consideration, if the county commissioners: hold a public hearing; at the hearing, solicit and accept comments concerning the transfer; and at the hearing, consider issues related to the transfer that include: compatibility of the proposed use with the neighborhood; financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property; the historical significance of the property; and unique characteristics of any structure on the property. The notice of the public hearing shall: be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and include an appraisal of the property obtained by the county commissioners. The county commissioners shall adopt regulations to implement this subsection.

Notwithstanding any other provision of law, the County Commissioners of Somerset County may enter into a lease purchase agreement and related financing agreements to obtain property for a public purpose in the county. The county commissioners shall solicit bids in at least two newspapers of general circulation in the county before entering into a lease purchase agreement. If the county commissioners enter into a multiyear lease purchase agreement or related financing agreement, the agreement shall be subject to cancellation by the county commissioners at the end of a fiscal year if sufficient money is not appropriated to fund the agreement in the subsequent fiscal year. The County Commissioners of Somerset County may sell any interest in county surplus property by soliciting and accepting sealed bids. The county commissioners shall publish an invitation for bids at least twice in a newspaper of general circulation in the county between 10 and 90 days, inclusive, before the date set for opening bids. The county commissioners: shall open the bids in public; and may act on the bids only during a public session of the county commissioners. The county commissioners may reject all bids on the property if the county commissioners determine that the highest bid does not yield a reasonable price. If the county commissioners reject all bids, the county commissioners: shall record the highest bid in the minutes of the public session; and may sell the property: by republishing an invitation for sealed bids; by public auction; or if the property is surplus school property, in accordance with subsection (c) of this section. The county commissioners shall adopt an ordinance or resolution to govern the sale of property under this subsection. The County Commissioners of Somerset County may sell to a government unit located in the county surplus school board real property: without advertising the property for sale; and after obtaining three independent appraisals. The provisions of this subtitle do not apply to a sale of property under this subsection. The County Commissioners of Somerset County may sell the approximately 4.02 acres of property at county Tax Map 103, Grid 8, Parcel 1467 (known as Whittington Elementary School) to Shore Up Inc., under terms considered appropriate by the county commissioners. The county commissioners may sell the following property to the City of Crisfield under terms considered appropriate by the county commissioners: 7 North First Street, Tax Map 101, Grid 22, Parcel 757 (.073 acres); 320–322 Locust Street, Tax Map 101, Grid 21, Parcel 810 (.158 acres); 304 Tyler Street, Tax Map 102, Grid 11, Parcel 616 (.146 acres); and 15 West Main Street, Tax Map 103, Grid 1, Parcel 1373 (.386 acres). The County Commissioners of Somerset County may sell the property on Revells Neck Road, county Tax Map 32, Parcel 149 under terms considered appropriate by the county commissioners.

The County Commissioners of Washington County may acquire property or any interest in property by purchase, gift, or condemnation to acquire, construct, or maintain a railroad line, if the county commissioners: determine, by resolution, that the railroad line will help preserve and attract industry and promote economic growth in the county; and solicit bids and hold a public hearing in the same manner as required for other public property in the county. If the State builds or acquires a railroad line in Washington County, the County Commissioners of Washington County may contribute a reasonable amount toward the cost of the railroad line from the general funds of the county. Before the county commissioners spend money under this subsection, the county commissioners shall comply with the requirements for acquisition of property for a railroad under subsection (a) of this section.