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Tuesday, January 12, 2010
New Residential Listings - Update for Buyer Clients

There are 5 new residential listings in the Deep Creek Lake/Garrett County area that are now available for sale (click for .pdf):
GA7234937 673 NORTHLAKE VILLAGE $395,000 Mc Henry NORTHLAKE VILLAGE
GA7234193 498 GLEANINGS DR $449,000 Mc Henry THE GLEANINGS
GA7234198 475 PINNACLE DR $449,000 Swanton THE PINNACLE
GA7234716 15 MEADOW MOUTAIN RUN RD $699,900 Swanton MEADOW MOUNTAIN RUN
GA7234339 774 GLENDALE RD $799,000 Deer Park SAND STONES ON THE LAKE
(source: MLS Jan 9, 2010 - Jan 12, 2010)
If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350
Thursday, January 22, 2009
Common Questions about Conservation Easements
How does it work?
Commonly Asked Questions about Conservation Easements
What is a conservation easement?
A conservation easement is a tool for landowners to protect natural resources and preserve scenic open space. The landowner who gives an easement limits the right to develop and subdivide the land, now and in the future, but still remains the owner. The organization accepting the easement agrees to monitor it forever to ensure compliance with its terms. No public access is required by a conservation easement.
Why put a conservation easement on your land?
Landowners who want to protect a beloved farm and/or their family's heritage donate conservation easements as a way to prevent their land from becoming developed. There are also tax advantages associated with the donation of an easement.
What kinds of land can be protected by a conservation easement?
Any land whose conservation is in the public interest - woodland, wetlands, farmland, scenic areas, historic areas, wild and scenic rivers, undisturbed natural areas.
Does the Maryland Environmental Trust accept all easement offers?
Easement offers are evaluated on a case-by-case basis. Trust staff members are available to visit potential easement sites and meet with interested landowners. The final decision rests with the Board of Trustees. If a property does not meet the Trust's guidelines, they will recommend another land trust who may hold the conservation easement.
How long does the easement last?
Trust easements are perpetual, and apply to all present and future owners of the land.
What are advantages of donating an easement?
For people who want to preserve their land, an easement will assure that the land will never be used in a way contrary to their intent. Financial benefits in the form of tax deductions are also associated with easements. Easements often make it much easier to pass the land to the owner's children without paying large estate taxes.
What are disadvantages of donating an easement?
Because an easement restricts development of a property, the market value of the land may be reduced.
Will an easement grant the public access to my property?
No. Public benefits of an easements are only derived from scenic views of the land from public roads or waterways.
Who owns land that is under an easement? Can it be sold?
The landowner who donated the easement remains the owner of the land. The land can be bought and sold. However, the easement "runs with the land" and applies to all future landowners.
Can property owners still live on and use the land if they donate an easement?
Yes. Easements typically allow for changes and additions to houses, construction of farm buildings, and other normal agricultural practices.
Easements may be drafted in various ways. For example, some landowners decide that, for the protection of the land, all development rights should be excluded, so that the land will always look substantially as it does now. Another might wish to allow the option of adding a limited number of future dwellings.
How much is the gift of an easement worth?
The value of an easement gift varies with each easement. Generally, the more the easement restricts the uses of the property, the higher the value of the gift, and hence the higher the tax deduction.
To determine the easement value, the land must be appraised at both its fair market value without the easement restrictions, and its fair market value with the easement restrictions. The difference between these two appraisals is the easement value, from which the tax deductions are derived.
The Trust does not do appraisals, but maintains lists of known appraisers.
How do future owners of a property know that an easement exists?
The easement is recorded in the Land Records of the county government. Any title search (generally done when land changes hands) will therefore reveal the existence of the easement.
Even if future property owners are unaware of the existence of the easement, they remain legally bound by it. The Trust monitors easement properties regularly to make sure of compliance.
One of the Maryland Environmental Trust's largest responsibilities is to make sure the terms of a conservation easement are followed by future owners of the easement property. The key to this long-term stewardship is monitoring. MET monitors the easements it holds by inspecting properties on a regular basis. Landowners always receive advance notice of a visit and interiors of buildings are not monitored. If we discover the terms of an easement are not being followed, MET will attempt to work with the landowner to correct the problem. If the problem is still not corrected, MET has the right to enforce the easement through the legal system. When an easement is held jointly with a local land trust, that organization shares the monitoring and enforcement duties with MET.
Can Conservation Easements be donated by will?
Yes. The landowner should contact the Trust in advance, however, to ensure that the Trust will accept the gift. It is often better to donate an easement during one's lifetime, since otherwise one loses the income-tax benefits of the donation.
Is land, which is subject to an easement, immune from condemnation?
A Maryland Environmental Trust easement will protect from condemnation by a municipal or county government. Legal research indicates that it will also protect from condemnation by the State, barring an express act of the Legislature. The Federal Government, however, can condemn a Trust easement.
Is there a yearly deadline for donating an easement to the Trust?
No. The Trust accepts requests at all times. However, if you wish to donate an easement during a particular calendar year, please contact the Trust no later than September of that year.
For more info, visit http://www.dnr.maryland.gov/met/ce.html
If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Thursday, October 9, 2008
Md. Transportation, Highway Review 6-Year Plan
Oct. 9, 2008
The Oakland bypass and virtually every other major new capital project in the state are "victims" of the economic downturn, Maryland Department of Transportation (DOT) deputy secretary Beverley Swaim-Staley told local officials and residents on Friday in the Garrett County commissioners' meeting room.
She and other DOT and State Highway Administration (SHA) officials have been reviewing their six-year Consolidated Transportation Program with residents across the state.
Swaim-Staley said $1.1 billion worth of projects have been deferred for five years because of a "dramatic" decrease in transportation revenue. Because of the high cost of gasoline, she noted, Maryland residents are driving fewer miles and buying fewer cars. As a result, the state has lost more than $750 million in fuel taxes, car sale taxes, and title/registration fees.
"We certainly hope when economic conditions improve we will have opportunities to move these deferred projects forward," the deputy secretary said. "But right now, we don't have that luxury."
She noted that Maryland is in better financial shape than other states and will be able to keep its System Preservation Program. As a result, road resurfacing and bridge maintenance projects will continue. Swaim-Staley added, however, that fuel, asphalt, and construction costs have greatly increased.
"We're spending more money on system preservation, but we're not getting as much for the dollar as we did a year ago," she said.
SHA administrator Neil Pedersen stressed the importance of highway safety and the need for local bridge preservation.
"As we've seen in some of our neighboring states, when you start to get behind, it takes an awful lot of money to catch up on system preservation," he said about bridge repairs.
He noted that only half of the bridges in Maryland are under the state's jurisdiction. Most of the rest belong to counties and municipalities. Pedersen said there is a special "pot" of federal money now available for local bridges.
"I'm going to be encouraging every county that we're visiting to take a look at their local bridge program," he said.
Pedersen also reviewed the status of the Oakland bypass. He said the engineering portion of the $42 million project was in its final stage.
The acquisition phase is 25 percent completed, but a portion of the right of way funding and all of the construction money have been deferred indefinitely. Additionally, the project is under-funded by $40 million, according to Pedersen.
"We will continue to work with both the town of Oakland and Garrett County in terms of right of way issues, ensuring that the right of way continues to be preserved," he said about the proposed bypass.
Members of Garrett Countians for Smart Growth were not displeased with the project's deferment.
"We feel the postponement is a good thing," said the group's spokesperson, Dr. Dona Alvarez. "We have 900 signatures on a petition to stop [the bypass]. We feel there have been significant local changes since the 1999 study."
Also speaking against the project were former state delegate DeCorsey Bolden and Mountain Lake Park mayor Leo Martin.
Total Biz Fulfillment owner Gary Ruddle, however, approved of the project.
"An Oakland bypass . . . would relieve Oakland of awkward, large trucks through a fairly congested town," he said.
Ruddell noted that as his business grows, so will truck traffic to and from his new southern warehouse, located along Rt. 135 near Mtn. Lake Park. In the future, he estimates, there will be as many as 200 truck trips per business day involving that facility.
Ruddell also spoke in favor of improving Rt. 495 and Rt. 135 so those highways could safely accommodate more truck traffic.
Another deferment is the Rt. 219 North corridor improvement study, a joint effort between Maryland an Pennsylvania. The local portion of this study involves the reconstruction/relocation of Rt. 219 from I-68 to the Pennsylvania state line.
"We're moving along fairly well in terms of identifying and doing civil engineering in several alternative alignments in each state," Pedersen said. An environmental impact statement concerning those alignments has also been written.
He added, however, that Pennsylvania is having even more transportation funding problems than Maryland. As a result, the Pennsylvania Department of Transportation has put project planning activities temporarily on hold.
"We will continue to coordinate with PennDot in helping them get the study completed so that an alignment can be selected," Pedersen said.
SHA District 6 engineer Bob Fisher reviewed local resurfacing and bridge preservation projects that are under way. Those include Streetscape projects in Mtn. Lake Park, Loch Lynn, and Oakland.
As in previous years, Director John Nelson, Garrett County Department of Planning and Land Development, presented a "wish list" of projects and concerns of local officials to the DOT and SHA.
"We know that some years are lean, but we continue to be optimistic that things will turn around," Nelson said. "With that in mind, we continue to list the Oakland bypass as our number one priority."
Also on the list was the Rt. 219 North project, crosswalk signage issues at Deep Creek Lake, an assessment of the need/obstacles to upgrading Rt. 495, and continued upgrades of Rt. 42.
Mayor Martin noted that his town should be able to have more input with compiling the wish list, as Mtn. Lake Park is the most populated municipality in the county.
"We don't agree with this list," Martin said. "Mtn. Lake Park has gone on record at least twice against the bypass because of the effect it will have on our town. And it's a very negative effect."
If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350
Saturday, January 26, 2008
State Wrapping Up Deep Creek Buydown Project

State Wrapping Up Deep Creek Buydown Project
Jan. 24, 2008
As the eighth anniversary of the state's purchase of Deep Creek Lake approaches, the Maryland Department of General Services (DGS) announced Monday it will end the Deep Creek Lake Buydown Project at the end of the fiscal year. Since 2000, more than 1,600 parcels of land have been purchased by contiguous property owners, according to DGS. Buydown parcels are offered only to the adjacent property owner at a cost of 39 cents a square foot, which is the per-square-foot price paid by the state when it purchased the lake in February 2000. The buydown parcels were sold subject to a conservation easement, which restricts the use of the property in order to preserve the natural beauty and ecological integrity of the waterfront. Funds recovered from the sale will be used to replenish the $9.8 million purchase appropriation. The state has retained a buffer strip of not less than 25 feet along the lake's edge so that the public may walk and fish around the lake. While 2,000 individual buydown parcels have been offered, 1,617 parcels have been sold and 1,330 have settled, according to DGS. In order to complete the project, no additional contracts will be offered or accepted after Jan. 31. "Property owners who have contracted to purchase buydown parcels should rest assured that all outstanding contracts will be honored and settlements will continue until all have been finalized," said a DGS spokesperson. Owners of lakefront property who believe that they should have been offered a buydown parcel and were not, or those who chose not to purchase and have reconsidered their decision, are asked to contact the DGS project manager, Catherine Mateer, at 410-767-5764, or by e-mail at catherine.mateer@dgs.-state.md.us. Negotiations for the purchase of the lake began in 1998 after GPU Inc. announced plans to sell the lake and surrounding land, along with its hydroelectric generating station and dam. Under the agreement, the lake (approximately 4,400 acres) has been added to the state forest and park system. Deep Creek Lake was created in 1925 by the Youghiogheny Electric Company, which acquired the underlying property and constructed the dam and hydroelectric power station. It is Maryland's largest freshwater lake ecosystem, with more than 70 miles of shoreline. The motels, restaurants, and vacation homes at Deep Creek Lake account for over half of Garrett County's assessable tax base.
Friday, December 28, 2007
iLoveDeepCreek.com Blog!

BIO
My name is Jay Ferguson, and I am a lifelong resident of the Deep Creek Lake area of Maryland. I enjoy spending time with family & friends, and have two wonderful children, Kayleah & Noah. My wife Jessica and I really enjoy the outdoor activities and natural beauty of Garrett County and "Mountain Maryland".
Deep Creek Lake isn't really a town or city by itself; it's comprised of three towns: Oakland, Swanton & McHenry. I am very proud of my 'hometown' and am in awe of the changes through the years. So, it makes sense that I began a career selling real estate here in December 2000. It allows me to meet new & exciting people from all over the world who consider Deep Creek Lake a great vacation spot.
I recently switched to Railey Realty, who has been #1 in Garrett County & Deep Creek Lake since 1995! I'm looking forward to teaming with some great agents who I have worked with throughout my career. I started my career with Long & Foster Real Estate, and have received many terrific honors & had many memorable experiences there. I won the 'Rookie of the Year' award for sales in 2001, my first full year in the business and sold over $3 million in real estate. I have been a member of the coveted Gold Team (annual sales of $5+million) ever since, just last year earning the Hall of Fame designation. I have been fortunate enough to have sold nearly $50 million of prime Deep Creek Lake & Garrett County real estate in my career! The best part of all, is I spend my time doing what I love - telling people about Deep Creek Lake's thriving real estate market, and all the wonderful places to enjoy the outdoors with their friends & family!
I really enjoy promoting my hometown and I am very proud of the resort area that has developed over my lifetime and look forward to growing the area even more! Deep Creek Lake has been described as 'The Lake Tahoe of the east', and I think that speaks volumes about the potential to own property here!
The best to place to find more information about local businesses, current events & recreational opportunities is to visit my website @ http://www.ilovedeepcreek.com. My blog is updated much more frequently and I primarily use this as a portal to my other advertising sites, including Active Rain. Check it out - I think you will be impressed!
Specialty
I specialize in Deep Creek Lake vacation home sales and also primary residential and lot/land listings in Garrett County, Maryland. I've sold everything from commercial properties to large family farms and small recreational tracts of land. I really enjoy working with new clients and introducing them to the good life - owning real estate in Garrett County & Deep Creek Lake, Maryland!
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