State's right of recovery

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    (a)    The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:

        (1)    is sold or transferred to a person that:

            (i)    would not qualify as an applicant under this subtitle; or

            (ii)    the Board of Public Works does not approve as a transferee; or

        (2)    ceases to be a juvenile facility.

    (b)    The State may recover from the:

        (1)    transferor;

        (2)    transferee; or

        (3)    owner of a property that has ceased to be a juvenile facility.

    (c)    The State is entitled to recover the sum of:

        (1)    an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

            (i)    the numerator of which is the amount of the State funds for the project; and

            (ii)    the denominator of which is the total eligible cost of the project; and

        (2)    all costs and reasonable attorney’s fees incurred in the recovery proceedings.

    (d)    The Board of Public Works may waive the State’s right of recovery for good cause.


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