184 LAWS OF MARYLAND [CH. 63

bequest, devise

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OR LEASE, and through the
expenditure of public funds, the fee or any lesser interest or right
in real property in order to preserve, through limitation of their
future use, open spaces and areas for public use and enjoyment; and

WHEREAS, The Legislature finds that the rapid growth and spread
of urban development is encroaching upon, or eliminating, many open
areas and spaces of varied size and character, including many having
significant scenic or esthetic values, which areas and spaces if pre-
served and maintained in their present open state would constitute
important physical, social, esthetic or economic assets to existing or
impending urban and metropolitan development; and

WHEREAS, The Legislature declares that it is necessary for sound
and proper urban and metropolitan development, and in the public
interest of the people of this State for any county or city, OR THE
STATE DEPARTMENT OF FORESTS AND PARKS, to expend
or advance public funds for, or to accept by, purchase, gift, grant,
bequest, devise

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OR LEASE, the fee or any lesser
interest or right in real property to acquire, maintain, improve,
protect, limit the future use of or otherwise conserve open spaces
and areas within their respective jurisdictions; now, therefore,

SECTION 1. Be it enacted by the General Assembly of Maryland,
That new Section 357A be and it is hereby added to Article 66C of the
Annotated Code of Maryland (1957 Edition), title "Natural Re-
sources", sub-title "Forests and Parks—In General", to follow im-
mediately after Section 357 thereof, and to read as follows:

357A. (a) The acquisition of interests or rights in real property
for the preservation of open spaces and areas constitutes a public
purpose for which public funds may be expended or advanced. Any
county or city, AND THE STATE DEPARTMENT OF FORESTS
AND PARKS, may acquire, by purchase, gift, grant, bequest, devise,

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OR LEASE, the fee or any lesser interest, develop-
ment right, easement, covenant or other contractual right necessary to
achieve this end. Any county or city, AND THE STATE DEPART-
MENT OF FORESTS AND PARKS, may also

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PURCHASE
OR ACQUIRE BY CONTRACT OR GIFT the fee to any property for
the purpose of conveying or leasing said property back to its original
owner or other person under such covenants or other contractual
arrangements as will limit the future use of the property in accord-
ance with the purposes of this section. THE COUNTY OR CITY
SHALL NOT ACQUIRE ANY SUCH FEE OR ANY SUCH
LESSER INTEREST IN REAL PROPERTY FOR THE PUR-
POSES AFORESAID, BY PURCHASE OR CONTRACT RE-
QUIRING A MONETARY CONSIDERATION IN EXCESS OF
$500. 00, UNTIL AND UNLESS THE GOVERNING BODY OF
SUCH COUNTY OR CITY SHALL ADOPT A RESOLUTION OR
FORMAL ORDER DECLARING THE PUBLIC PURPOSE OR
USE THEREFOR AND AFTER HOLDING A PUBLIC HEARING
RESPECTING THE SAME.

(b) For the purposes of this section, an "open space" or "open
area" is any space or area characterized by (1) great natural scenic
beauty or (2) whose existing openness, natural condition, or present
state of use, if retained, would enhance the present or potential value