Title 6. Ports — Subtitle 3. Acquisition and Operation of Port Facilities

Any condemnation proceedings under this section shall be conducted under Title 12 of the Real Property Article.

The Administration may not condemn any property unless the property is located entirely within the territorial jurisdiction of the Administration.

The Administration may not condemn any property that belongs to a public service company subject to Division I of the Public Utilities Article, if the property is:

If the property is located in a county other than Baltimore City and not in any municipal corporation, from the county;

If the property is located in a municipal corporation within any county, both from the mayor and council, by whatever name known, of the municipal corporation and from the county; and

If the property is located in Baltimore City, from the Board of Estimates of Baltimore City.

Any political subdivision in this State may apply to the Administration, by ordinance or resolution, for the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision.

If the Administration finds that the proposal furthers the purposes of this title, it may approve the application.

If the Administration approves the application, the political subdivision that applied may contract with the Administration for the construction, acquisition, extension, enlargement, or improvement of these port facilities.

Under the contract, the political subdivision may incur indebtedness to the Administration in an amount not exceeding $1 million at any one time.

The contract by which the indebtedness is incurred shall require that:

Participate with the Administration in the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision; and

Participate by contract with the Administration in the operation and maintenance of these port facilities.

A county and any municipal corporation in the county jointly may participate with the Administration, by agreement confirmed by resolution or ordinance, in carrying out any of the purposes of this section.

If there is joint participation under this subsection by a county and a municipal corporation, the loan limitation imposed by subsection (c)(2) of this section is increased to $2 million, and the respective liabilities of the county and the municipal corporation shall be determined by agreement between them.

Except as otherwise provided in this subsection, each county retains the right to impose annual taxes on land and improvements on land acquired and developed in the political subdivision by the Administration. The Administration is subject also to all benefit assessments, including any sewer and water charges that may be levied by operation of law.

The right to impose taxes does not apply to any land or improvements acquired from the county, to any cargo handling facilities owned or leased, as lessor or lessee, by the Administration, or to any land used only in conjunction with these cargo handling facilities. From the date any of this property is purchased, erected, constructed, or leased, it is exempt from all property taxes and benefit assessments to their owner, to the Administration, and to the lessees of the Administration.

The right to impose taxes does not apply to the international trade center described in § 6-101(e)(4) of this title, which trade center is exempt from all property taxes and benefit assessments to the Administration.

For the Administration to pay to the county a stated sum in place of any taxes or benefit assessments to which the Administration is subject; or

For voluntary contributions as to tax-exempt property.

Each lease of a cargo handling facility for a term of more than 1 year, including renewal options, that is made between the Administration and a lessee engaged in business for profit shall contain a provision requiring the lessee to pay to the Administration annually, except to the extent that the improvements are taxed to the lessee, a sum of money computed on the basis of the full cash value of the leased land and improvements on it multiplied by the assessment percentage under § 8-103(c)(1) of the Tax - Property Article, multiplied by the current State and local real estate tax rates.

The supervisor of assessments of the county in which the leased land is located shall cooperate with the Administration in establishing the full cash value of the leased land and improvements on it.

The Administration may not acquire any interest in land or improvements on land in Anne Arundel County without the prior approval of the county, given after a public hearing.

This subsection does not affect the right of the Administration to acquire an option for later acquisition of the property or improvements once the approval required by this subsection is obtained.