Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-06-11
Chapter II
(BILL NO. y

AN ACT repeal and with amendments Section 1871
title Streets dedicated to public abandonment Of
subdivisions Montgomery County Code 1855 require
that the petitioner comply with certain conditions before the
orders the abandonment of public dedicated streets
roads, and otherwise prescribe the procedure for such
Abandonment and to provide that Montgomery County
petition for such abandonment under certain conditions
Be Enacted by the County Council for Montgomery County,
Sec. l. Sec 1877 Montgomery County Code 1855 titled
Streets dedicated public abandonment of subdiv
sons hereby repealed and eenaced with amendments to
Streets etc. public use;
of Subdivisions.
When the plats recorded portions land desg
mated the pas drainage paths walks Streets roads
lanes alleys and public squares other
dedicated public shall be and the hereby declared
to be forever dedicated public and shall thereafter
any pretext whatsoever altered taken for
however nothing contained shall affect the rights
owning claiming any interest in such land derived
by any other than the maker of such plat
from under such maker prior such subdivisions and
provided further that the maker of any such plat heirs
assigns shall have the right apply by petition to the circuit
for the county for the leave abandon the subdivision of
lands make by him. thereof and the
parcel the if convinced upon such
proof and after such notice by publication otherwise
shall direct that damage be in anywse sustained
other than the petitioners shall have to order
thong and empowering such petitioner to abandon such sub
division either in whole part and the proceedings had under
such petition shall be doceed the equity doces and recorded
in the equity judgment records Of the court the petitioners
in paying fees charges like
addition the above authorized petitioners Montgomery
County hereby authorized to petition to abandon any
dedicated above described to resolution of the
County Council finding that the longer necessary
public and the court upon finding that
damage will be sustained by person. order the
abandoned in whole or in part
Upon filing of the initial petition for abandonment
the petitioner shall of such petition the follow
ing agencies municipal corporations accordance with
Maryland upon parties after the
initial pleading:
% The Montgomery County Council;
2) The Maryland National Capital Park and Planning Com
mission, or Montgomery County Planning Board;
90 The Washington Suburban Sanitary Commission II any
part Of the property in the Washington Suburban SAM
tary Commission District and
N The governing body of such Incorporated special
taxing Gas specified in Article H. Section of the
Montgomery County Charter in which any of prop.
erty to be abandoned may be located
In arriving its decision the shall
mendaon the proposed abandonment filed proceeding
by of the above agencies provided however that such
municipal corporation has not filed recommendation
with the within as days from upon
municipal corporation the to the proposed
abandonment by the agency municipal corporation
presumed If the court orders the abandonment the clerk
directed furnish copies Super
visor of Assessments of Montgomery County and the govern
mental agencies specified herein whenever the abandoned
within their respective jurisdiction and the clerk of the
shall endorse the original record affected thereby
and place record of such order provided
this section shall not apply to the abandonment of
streets roads lanes alleys which
the public accepted for maintenance by county,
proceedings for abandonment shall be brought
III of Chapter 26 of this Code
Sec Nothing contained in this amendment Section
shall affect abandonment petitions filed prior August
Passed: May q, 1853.