Reply to BCC Middle School Site Selction number 2

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Reply to "BCC Middle School Site Selction number 2 - 2012 version - "

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[quote=Anonymous][quote=Anonymous][quote]At the last SSAC meeting, MCPS announced that it sees no obstacle to using the site. [/quote]

Because the restrictions you mention are 20 years old; the park has been used as a park for that long so the restrictions can be lifted.[/quote]

You are incorrect.  The purported 20-year limit on enforcement of the conversion restriction does not appear in the federal statute. Nor does it appear in the state statute. It is a "practice" invented by the Department of Natural Resources (DNR) in connection the use of Program Open Space funds to develop a park.  In fact, a recent letter from the Secretary of DNR revealed that no authority for this practice appears in the statute, and if you don't believe it, you can read the statute yourself.  It's the Maryland Natural Resources Article Sec. 5-906(e)(7), and it says that "Land acquired or developed under a State grant from Program Open Space may not be converted..." outside of a rigorous process.  It goes on to discuss how any land converted has to be replaced in the community with land of equal recreational value.

These facts are why I fear MCPS' conclusion that no obstacle exists in RCH is wrong and will further delay the construction of this school.  They have known about this issue since last summer, and it appears they have done little to understand it.[/quote]

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