Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-06-25
Chapter IA
(RILL NO. y

AN ACT to repeal and reenact with amendments Section 1871
title Streets etc, dedicated to public use; abandonment
subdivisions County Code 1855 require
that the petitioner comply with certain conditions before the
abandonment of public dedicated streets
roads, and otherwise prescribe the procedure for such
Abandonment cases. provide Montgomery County
petition for such abandonment under certain conditions
Be Enacted by the County Council for Montgomery County,
Maryland. that
Sec l. Sec 1877 Montgomery County Code 1855, titled
Streets etc. dedicated public abandonment of subdv
sion hereby repealed and reenacted with amendments to
read follows:
Sec 1871 Streets ETC., public abandonment
Of subdivisions.
hen ps recorded those portions of land desg
mated the pats drainage ways paths walks streets roads
avenues alleys and public parks other
dedicated public shall be and the same are hereby declared
dedicated public and shall not thereafter
pree altered taken for private
vded nothing contained shall affect the rights
person owning claiming interest such land derived
by from or under any persons maker of such plat
from under such maker prior to such subdvson and
provided further that the maker any plat his
assigns shall right apply by petition to the circuit
county for the leave to abandon the subdivision OF
lands make by him. part thereof and reconver the same
PARCEL the court convinced such
proof and after such notice by publication or otherwise or as it
direct damage anywse sustained by
other than the petitioners shall have power to pass an order a
thong empowering such petitioner abandon such sub
division either whole in par and the proceedings had under
petition shall be doceed in the equity dockets and recorded
equity judgment records of the court the petitioners
paying fees and charges for like work.
addition authorized petitioners Montgomery
County is hereby authorized petition any
dedicated described resolution of the
County Council finding that the is longer
suitable for public and the court finding that
damage will be sustained by order the
abandoned in whole or in part sIVE. }.tg
Upon filing in of the initial petition for abandonment
the petitioner shall of such petition the follow
ing agencies municipal corporations accordance with
Maryland Rules of Procedure for service parties after the
initial pleading
~ The Montgomery County Counci
(2) The Maryland National Capital Park and Planning Com
mission, Montgomery County Planning Board;
80 The Washington Suburban Sanitary Commission II any
part Of the property in the Washington Suburban SAM
tary Commission District, and
G The governing body such incorporated towns special
taxing specified in Article H. Section Of the
Montgomery County Charter in which any the prop
erty to be abandoned may be located.
In arriving its decision the shall consider
mendaon the proposed abandonment filed in the proceeding
of the above agencies provided however that if
agency municipal corporation has filed recommendation
with the within As days from the date of service upon
municipal corporation the consent to the proposed
abandonment by the agency municipal corporation shall
directed furnish copies Super
visor of Assessments of Montgomery County
mental agencies specified herein whenever the abandoned
within their respective jurisdiction and the clerk the
shall endorse the original affected thereby
and place record of such order provided however, that
this section shall not apply the abandonment of danageway
Streets roads lanes alleys which
the public accepted for by county which
proceedings abandonment shall brought
III of Chapter 26 of this Code. ..,a +3 :.
Sec Nothing contained in this amendment Section 1877
shall affect abandonment petitions filed prior August 5 1852
Passed. May a. 1882 .k.s