§ 7-202. Priority funding areas.

   (a) "Public facility" defined. -- In this section, "public facility" includes:

   (1) recreational facilities;

   (2) transportation facilities and transit-oriented development; and

   (3) schools and educational facilities.

(b) Authority. -- A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the acquisition of land for the construction of a public facility within a priority funding area.

(c) Use of proceeds. --

   (1) Except as provided in paragraph (2) of this subsection, proceeds of the sale of development rights shall be used to assist in:

      (i) the acquisition of the public site; or

      (ii) the construction of the public facility.

   (2) For schools and educational facilities, proceeds of the sale of development rights may only be used to assist in the acquisition of the land on which the school or educational facility will be located.

(d) Limitations on sale. --

   (1) Any development rights sold under this section may only be transferred within a priority funding area.

   (2) Development rights associated with existing public land that is owned by a local jurisdiction on October 1, 2009, may not be sold or transferred under this section.

HISTORY: An. Code 1957, art. 66B, § 11.01(1)(i), (iii), (b)(2)-(5); 2012, ch. 66, § 6; ch. 426, § 2.