Maryland § 12-405

Full text of Maryland Maryland Code § 12-405, with citation guidance and answers to common questions.

§ 12-405.

    (a)    (1)    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.

        (2)    An option acquired under this subsection shall be:

            (i)    acquired for consideration not exceeding $100; and

            (ii)    for the purchase of property at a fixed price within an agreed period of time not exceeding 6 months.

        (3)    An option may not be disclosed to the public until the option is signed by both parties.

        (4)    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.

        (5)    (i)    A notice published under this subsection shall specify:

                1.    the name of the optioner and optionee;

                2.    the length of the option;

                3.    the proposed purchase price for the property; and

                4.    the date, time, and place for the public hearing on the option.

            (ii)    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.

        (6)    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.

        (7)    After the public hearing, the governing body, unit of the county, or county board of education:

            (i)    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

            (ii)    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.

    (b)    (1)    The governing body of Cecil County may:

            (i)    sell by public or private sale or lease surplus county real property; and

            (ii)    execute and acknowledge any instrument necessary to transfer the property.

        (2)    Before the governing body may contract to transfer an interest in county real property, the governing body shall:

            (i)    hold a public hearing between the hours of 6 p.m. and 10 p.m.; and

            (ii)    advertise the public hearing at least 2 weeks before the day of the hearing in a newspaper of general circulation in the county.

Frequently Asked Questions About Maryland § 12-405

What does Maryland Code § 12-405 cover?

Section 12-405 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 12-405?

A common citation format is "Maryland Code § 12-405" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 12-405 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.