Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1918-01-18
NOVEL QUESTION OVER
OWNERSHIP OF LAND
Island Formations Near Hanover
St. Bridge In Dispute
CONS. SHEPHERD TO DECIDE
Sought by individuals, But Both The
State And Baltimere City Have
Cavealed To Claim.

I Perhaps the most interesting as
well as novel question that has ever
been laid before the officials of the
Land Commissioners' ONCE Of Mary
land, is that which now confronts for
mer State Senator James S. Shepherd,
who was appointed Commissioner OF
the Land Office at the beginning Of
the administration of Governor Har-
ringt0n. II has to do with the right
ful ownership of two or three small
strips of land adjacent to the new
Hanover street bridge connecting Bal
timore City and county with Anne
Arundel County, and Commissioner
Shepherd viii render his decision in
the premises within the next two or
/ three weeks
The land in dispute is referred to as
! fills" or islands, though as a mat
ter of fact they are peninsulas, and
lit came about not by mechanical pro-
cess, but through the bulging Of the
earth in the bed of the Patapsco river,
due to the weight Of the big bridge
The land is on the Baltimore County
side of the structure Officials OF the
State and Baltimore City, as well as
an individual, are parties to the pro
| ceedings at issue, and which have ex-
cited considerable general interest,
owing to the unique circumstances
! connected Herewith.
Land Commissioner Shepherd had
arranged to hold hearing OF the sew
eraI parties to the controversy at his
Office here yesterday, but it develop
ed that the lawyers were not ready
to proceed, so instead of a formal
hearing Commissioner Shepherd has
asked the attorneys TO prepare briefs
setting forth their contentious and file
them with him Fifteen days has been
fixed as the time limit for the fling
of these briefs. and as soon there
after as possible when he has given
mature consideration to these docu-
ments, Mr. Shepherdwill render his
decision in the premises.
The issue raised, while not en-
tirely new; is all the more Important
because the State and Baltimore City
have joined in the controversy, and
the final decision of Commissioner
Shepherd will be awaited with inter-
est. Mr.. Shepherd stated that about
year ago when the Hanover bridge
was in course of construction Mr.. I'll.
/ NJ. Luck, a contractor, laid claim to
! certain "fill" land nearby, but that his
claim was denied owing to the fact
| that such claim was contrary to the
prevailing rules of the Land Office.
Since then it develops that Mr.. George
E. Salisbury we'll known insurance
man, applied for a patent on the
'idle land" so called, and a cayeat to
this claim filed by John ". Kline,
owner of Kline's Park, at Brooklyn,
Amen Arundel County The ground
OF Mr.. Kline's action was based upon
riparian ownership. subsequently
the Mayor and City Council of Balti-
more also caveated to the proceeding,
and the State, through Attorney Gen
eral Ritchie. followed suit. Both the
State and city are standing by their
guns under the provisions of the Act
of the Legislature OF 1914, the Good
Roads Law, which appropriated more
I
| than six millions of dollars for i'm
proved highways in the State. In be-
half of the city, it is set forth that
the highways appropriations includ-
ed the amount to be expended by the
! city for the construction of the Han
over bridge. and furthermore its
! maintenance is placed in the hands OF
the municipality. It is further con
tended that the land in dispute is not
vacant land, and it Is pointed out that
the city has optional jurisdiction over
property within a radius Of four miles
all around the corporate limits. The
main point as regards the position ot
the. State in the case, is that it has
the authority to go through any ant
all lands in the construction of high
ways or other improvements. Hence
the caveat that has been interposeC
in behalf of the State, the claim being
that the State has ministerial right
in the premises.
incidentally, Land Commissionei
Shepherd has prepared a bill whicl
he win have introduced in the Legis
lature. carrying provisions for Ger
tain notifications in the rules Of thi
Land once as pertains to the assess
ment Of property in the State Unde
the present law lands are assessed a
so cents per acre. and it is felt tha
the rate should be greater than that