§ 32-4-314. EXCHANGE OF FEE SIMPLE REAL PROPERTY AND EASEMENTS.

(a)

In general. Notwithstanding any other provision of the Code, the county may convey fee simple real property and easements previously dedicated to the county for a public purpose to the property owner from whom the real property or the easement was acquired or the owner's successors or assigns in exchange for the dedication to the county of comparable fee simple real property or easements for a public purpose, where the dedication of the comparable fee simple real property or easement is a condition of the approval of an amendment to an approved Development Plan or plat which incorporates the originally dedicated property or easement.

(b)

Execution of instruments. The instruments conveying the prior property or easement and accepting the comparable property or easement may be executed on behalf of the county by the County Executive or the County Administrative Officer after approval of the amendment to the Development Plan.

(c)

Not a purchase. The exchange of property or easements under this section:

(1)

May not be considered a purchase; and

(2)

Is subject to approval by the County Council. The procedure for notice of the exchange and for Council approval shall be in accordance with the provisions of § 3-9-104(c) of the Code.

(1988 Code, § 26-220) (Bill No. 48-99, § 1, 7-12-1999; Bill No. 79-01, § 2, 7-1-2004; Bill No. 121-05, § 1, 1-7-2006)