reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-204 - Additional Payments to Tenants and Certain Other Occupants; Other Remedies

(a)    In addition to amounts otherwise authorized by this title and Title 8 of the Transportation Article, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under § 12–202 of this subtitle, if the dwelling actually and lawfully was occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of acquisition, such other activity as the lead agency shall prescribe.
(b)    (1)    (i)    The payment shall be the amount necessary to enable the person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $10,500.
(ii)    At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments.
(iii)    Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account such person’s income.
(2)    (i)    If the displacing agency determines that comparable housing cannot otherwise be made available within this limit, the monetary limit stated in paragraph (1) of this subsection may be exceeded on a case–by–case basis.
(ii)    The displacing agency may use any other measures necessary to remedy unavailability of comparable housing as prescribed by the lead agency.
(c)    (1)    Any person eligible for a payment under subsection (a) of this section may elect to apply the payment to a down payment on, and other incidental expenses applicable to, the purchase of a decent, safe, and sanitary replacement dwelling.
(2)    At the discretion of the displacing agency, that person may be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately before the initiation of negotiations for the acquisition of the dwelling, the payment may not exceed the payment the person would otherwise have received under § 12–202 of this subtitle had the person owned and occupied the displacement dwelling 180 days immediately before the initiation of the negotiations.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-205 - Moving and Relocation Expenses

(a)    Whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall make a payment to the displaced person, on proper application as approved by the displacing agency for:
(1)    Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;
(2)    Actual direct loss of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate the personal property, as determined by the agency;
(3)    Actual reasonable expenses in searching for a replacement business or farm; and
(4)    Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site as determined by the displacing agency, but not to exceed $60,000.
(b)    Any displaced person eligible for payments under subsection (a) of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section, may receive a moving expense allowance, determined according to a schedule established by the lead agency.
(c)    (1)    Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section.
(2)    Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that such payment may not be less than $1,000 nor more than $60,000 or the amount provided under the federal Uniform Relocation Assistance Act, whichever is greater.
(3)    A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-205.1 - Negotiation for Relocation Plan

In any proceeding for the acquisition of private property for public use by condemnation in which land or any part of it is being used for a business or farm operation, a representative of the displacing agency shall contact the owner of the business or farm operation not less than 30 days before the filing of the action and negotiate in good faith regarding a plan under which the business or farm operation may be relocated.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-206 - Advisory Services

(a)    Whenever a program or project undertaken by a displacing agency or person will result in the displacement of any person, the displacing agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (b) of this section. If the displacing agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer that person relocation advisory services under the program.
(b)    Each relocation assistance advisory program required by subsection (a) of this section includes those measures, facilities, or services necessary or appropriate in order to:
(1)    Determine any need of displaced persons for relocation assistance;
(2)    Provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of suitable commercial properties and locations for displaced businesses and farm operations;
(3)    Assure that a person may not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling as defined in § 12-201(d) of this subtitle except in the case of:
(i)    A national emergency declared by the President of the United States;
(ii)    A major disaster declared by the Governor; or
(iii)    Any other emergency which requires permanent displacement from a dwelling because of substantial danger to the health or safety of a person;
(4)    Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
(5)    Supply information concerning federal and State housing programs, disaster loan programs, and other federal or State programs offering assistance to displaced persons; and
(6)    Provide other advisory services to displaced persons in order to minimize hardships on them in adjusting to relocation.
(c)    Programs or projects undertaken with State and federal financial assistance under this subtitle shall be planned in a manner that:
(1)    Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations; and
(2)    Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
(d)    The head of the displacing agency shall coordinate the relocation activities performed by that agency with other federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-208 - Buildings, Structures, and Improvements on Acquired Real Property

(a)    Notwithstanding any other provision of law, if a displacing agency acquires any interest in real property, the displacing agency shall acquire at least an equal interest in all buildings, structures, or other improvements, located on the real property acquired which it requires to be removed from the real property or which it determines will be adversely affected by the use to which the real property will be put.
(b)    (1)    For the purpose of determining just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, the building, structure, or other improvement shall be deemed a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of his term, and the fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant.
(2)    Payment under this subsection may not result in duplication of any payments otherwise authorized by law. No payment may be made unless the owner of the real property involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release to the displacing agency all his right, title, and interest in and to the improvements. Nothing in this subsection may be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for the property interests in accordance with applicable law, other than this subsection.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-209 - Expenses Incidental to Transfer to a Public Agency

As soon as feasible, after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire land, whichever is earlier, the displacing agency shall reimburse the owner to the extent the displacing agency deems fair and reasonable, for expenses he necessarily incurred for:
(1)    Recording fees, transfer taxes, and similar expenses incidental to granting the real property to the displacing agency, as provided in § 12-106(b)(4) of this title;
(2)    Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and
(3)    The pro rata portion of real property taxes allocable to a period subsequent to the date of vesting title in the displacing agency, or the effective date of possession of the real property by the displacing agency, whichever is earlier, in accordance with the provisions of § 12-110 of this title.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 2 - Relocation and Assistance › Section 12-211 - Payments Not to Be Considered as Income

Except for any federal or State law providing low income housing assistance, a payment received under this subtitle may not be considered as income for the purposes of Title 10 of the Tax - General Article or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any other State law.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 1 - Definitions; General Provisions › Section 13-102 - Purpose and Intent

(a)    The purposes of land patent proceedings are to:
(1)    Avoid uncertainties caused by the existence of vacant land, by promptly ruling on the claim of a patent applicant;
(2)    Give governmental bodies priority in reserving vacant land for public use; and
(3)    In the absence of public need, benefit the community by expanding the tax base as previously untaxed, vacant land is recognized and made to contribute its rightful share towards financing government.
(b)    It is the intention of the General Assembly, therefore, that the State’s land patent proceedings provide a simple, convenient, and prompt method for reserving vacant land for the public use of governmental bodies, for promoting private ownership of vacant land and, in certain instances, for clarifying the ownership of land previously patented.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 1 - Definitions; General Provisions › Section 13-104 - Who May Obtain Patent

In the manner and to the extent provided in this title, any person may:
(1)    Obtain a patent for vacant land; and
(2)    Obtain a patent for land that was previously patented and is owned in fee simple by the person, notwithstanding the existence of any mortgage, deed of trust, easement, right-of-way, or similar interest.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 1 - Definitions; General Provisions › Section 13-105 - False Verification or Oath Subject to Penalties of Perjury

Any willful and false verification, oath, or affirmation made in any hearing before the Commissioner or in any application, certification, or other document filed in a patent proceeding is subject to the penalties of perjury.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 1 - Definitions; General Provisions › Section 13-106 - Certificate of Reservation for Public Use

(a)    (1)    A governmental body may reserve vacant land or abandoned land by obtaining from the Commissioner a certificate of reservation for public use.
(2)    Except as otherwise provided, the provisions of this title applicable to the granting of land patents are applicable to the granting of certificates of reservation.
(b)    (1)    In order to reserve vacant land or abandoned land for public use, a unit of State government must notify and obtain the approval of the Board of Public Works.
(2)    If the Board approves the request, the unit shall immediately apply for a certificate of reservation.
(c)    (1)    (i)    The application of a governmental body for a certificate of reservation takes precedence over an application of a person for a patent to all or part of the same land.
(ii)    The application of a unit of State government takes precedence over the application of any other governmental body.
(2)    As a condition of granting a certificate of reservation, the Commissioner may order a governmental body to pay the reasonable expenses of a person whose application for a patent has been superseded.
(d)    If no objection to an application for a reservation of land is filed and the Commissioner determines that a vacancy exists, the Commissioner may decide the matter without holding a hearing.
(e)    (1)    A certificate of reservation remains in effect:
(i)    Until the Board of Public Works or, in the case of a governmental body other than a unit of State government, the appropriate local authority determines that the land is no longer needed for public use by the governmental body and notifies the Commissioner of this determination; or
(ii)    With respect to abandoned land, until a unit of State government or a court of competent jurisdiction determines that a person who has claimed legal title to the land has established legal title to the land.
(2)    (i)    Upon application by another governmental body, the Commissioner may transfer the certificate to that body with the approval of the Board of Public Works or the appropriate local authority, as the case may be.
(ii)    In the absence of such a transfer, the Commissioner may issue a patent for the land in accordance with the applicable procedures of this title.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 1 - Definitions; General Provisions › Section 13-107 - Adjudication of Claims to Abandoned Lands

(a)    In this section, “claimant” means a person who claims legal title to abandoned land for which a certificate of reservation for public use has been issued.
(b)    If abandoned land was patented prior to the issuance of a certificate of reservation for public use by a unit of State government, a claimant may file a written claim for legal title to the land with the unit of State government that reserved the land for public use.
(c)    If the unit of State government that reserved the land for public use determines that the claimant has legal title to the land, the unit of State government shall:
(1)    Pay the claimant fair market value for the land, as determined by the lower of two independent appraisals of the land; or
(2)    Notify the Commissioner that the land is no longer needed for public use.
(d)    Any action taken by a unit of State government under subsection (c) of this section is subject to approval by the Board of Public Works.
(e)    (1)    If a unit of State government that reserved land for public use determines that a claimant does not have legal title to the land, the unit of State government shall issue a written denial of the claimant’s claim.
(2)    A claimant who is aggrieved by the denial of a claim under this section may file an action in the circuit court of the jurisdiction in which the land is located to quiet title to the land.
(f)    A claim under this section is barred unless the claimant files the claim within 20 years after the date that the unit of State government obtains a certificate of reservation for public use of the land.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 2 - Administration of Title › Section 13-202 - General Powers of Commissioner

In administering this title:
(1)    The Commissioner shall:
(i)    Determine whether a patent may be issued under this title; and
(ii)    Adopt a seal for land patent proceedings; and
(2)    The Commissioner may:
(i)    Administer oaths and affirmations in land patent proceedings; and
(ii)    Do anything else necessary to carry out the provisions of this title.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 2 - Administration of Title › Section 13-203 - Rules and Regulations

(a)    After consultation with the Commission and a committee of three clerks, the Commissioner shall adopt regulations to carry out the provisions of this title.
(b)    (1)    The committee of clerks shall be selected by the State of Maryland Court Clerks Association. They shall serve until their successors are selected.
(2)    The clerks may not receive any additional compensation for serving on the committee, but shall be entitled to reimbursement for their expenses from the fees of their office, in accordance with the regulations governing reimbursement of expenses incurred for attendance at meetings of appointed committees of the Association.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 2 - Administration of Title › Section 13-204 - Records and Docket

(a)    (1)    The Commissioner has custody of and shall maintain all records relating to the application for and issuance of patents. For this purpose, the Commissioner may require the clerk of any court to produce, at the expense of the Commissioner, true copies of any land records maintained by that clerk.
(2)    On request of any person, the Commissioner shall certify a copy of any land patent record he maintains.
(3)    The Commissioner shall provide for the preservation, indexing, filming, and publication of the patent records in his custody.
(b)    The Commissioner shall maintain a patent docket and a separate index for that docket.
(c)    In accordance with § 13-203 of this subtitle, the Commissioner shall adopt regulations to govern the use, preservation, repair, and maintenance of the patent records and patent docket.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 2 - Administration of Title › Section 13-206 - Lists of Certificates Ready for Patent

(a)    The Commissioner annually shall complete and mail to the supervisors of assessments a list of any certificates that have become ready for patent.
(b)    Except as otherwise provided in subsection (c) of this section, the list shall contain:
(1)    The description or name of the land;
(2)    The quantity of land; and
(3)    The person who is entitled to patent.
(c)    If the list contains certificates adding vacant land to any original tract, in addition to the information required under subsection (b) of this section, the list shall contain:
(1)    The description or name of the original tract; and
(2)    The quantity of vacancy added.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-301 - Application Required

A proceeding to obtain a patent is commenced by filing with the Commissioner an application for:
(1)    A warrant to survey any vacant land; or
(2)    A warrant to resurvey any land owned in fee simple by the applicant, which warrant may include any vacant land adjoining land owned in fee simple by the applicant.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-303 - Substitution of Applicant

(a)    (1)    At any stage of a proceeding under this title, if an applicant dies or assigns his rights in the application, warrant, certificate of survey, or land described in the application, the assignee, personal representative, heir, or legatee of the applicant may request that he be substituted for the applicant.
(2)    On filing a request for substitution in the proper form, the person making the request shall be substituted as the applicant for all purposes in the proceeding.
(b)    A request for substitution shall be in writing and contain:
(1)    The name and address of the person requesting substitution;
(2)    The name and address of each person, other than the person requesting substitution and those persons named in the original application, who would obtain a direct or indirect title interest in the land for which the patent is sought if the patent were issued to the person requesting substitution;
(3)    A statement of the manner by which the person requesting substitution succeeded to the rights of the original applicant;
(4)    The original or an officially certified copy of each document by which the succession of interest was effected;
(5)    A description of all changes in and required corrections of any of the statements and facts contained in the original application;
(6)    A statement that, except as described under item (5) of this subsection, the statements and facts contained in the original application are accurate and complete to the best of the knowledge, information, and belief of all persons signing the request; and
(7)    Any other information the Commissioner requires under a rule or regulation adopted under § 13-203 of this title.
(c)    The request for substitution shall be signed and verified by the person requesting substitution and by each person required to be named under subsection (b)(2) of this section.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-304 - Appearance of Applicant by Attorney

Except as provided in §§ 13-302(b), 13-303(c), and 13-412(d) of this title, any papers filed in a proceeding by an applicant may be filed by an attorney for the applicant. Notice to an applicant may be given to the attorney who appears on behalf of the applicant.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-305 - Entry of Application on Docket; Application Bar to Subsequent Warrant

(a)    After receipt of an application in the proper form and payment of all costs required by law, the Commissioner shall enter the application on the patent docket. Each application shall be docketed in the order received by the Commissioner.
(b)    After an application is docketed, a warrant to survey or warrant to resurvey any of the land described in the application may not be issued on a subsequent application, unless:
(1)    The first application is withdrawn; or
(2)    The proceeding on the first application is terminated or abandoned as provided in this title.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-306 - Survey Under Warrant; Previously Performed Survey

(a)    After the application is docketed, the Commissioner promptly shall issue his warrant and mail it to the surveyor named in the application. On return through the post office of the return receipt, the Commissioner shall notify the applicant of the date the surveyor received the warrant.
(b)    (1)    In lieu of a survey conducted under a warrant issued by the Commissioner, the applicant may submit with an application a previously performed survey.
(2)    The Commissioner may accept the previously performed survey upon finding that the surveyor was a qualified professional land surveyor or property line surveyor, that the survey was conducted in accordance with standards prescribed by the Commissioner, and that adjoining landowners of record were given written notice of the survey.
(3)    In determining whether to accept a previously performed survey, the Commissioner may conduct a hearing.
(4)    Acceptance of a previously performed survey does not preclude an objector from raising any objection that might otherwise have been raised had the survey been performed pursuant to a warrant issued by the Commissioner.
(c)    With respect to an application for a certificate of reservation for public use of abandoned land, instead of a survey conducted under a warrant issued by the Commissioner, the applicant may submit a legal description of the land, provided that the legal description of the land is shown on a plat on file in the county land records.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-307 - Contents of Warrant

(a)    The warrant shall recite:
(1)    The name and address of the applicant;
(2)    The date when the application was docketed;
(3)    The nature of the request made in the application; and
(4)    A description of the land to be surveyed, as described in the application.
(b)    The warrant shall direct the surveyor to:
(1)    Within 30 days of receipt of the warrant, acknowledge its receipt in writing to the Commissioner;
(2)    Specify in the acknowledgement a date, time, and place for making the survey, which date may be no earlier than 10 days and no later than six months after the last publication of notice required by § 13-308 of this subtitle;
(3)    Lay out and survey the land as specified in the acknowledgement;
(4)    Prepare an accurate plat and metes-and-bounds description of the land to be surveyed;
(5)    In a resurvey that discloses an error in any previous survey, correct the error;
(6)    Compute the area of any land included within the description and plat; and
(7)    Within six months from the date the notice of warrant was last published, return his certificate of survey on these matters, together with all duplicates required by § 13-310(a)(1) of this subtitle, to the Commissioner.
(c)    The Commissioner shall sign the warrant and affix the seal for land patent proceedings to it.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-308 - Notice and Publication

(a)    (1)    On receipt of the surveyor’s acknowledgement of the warrant, the Commissioner shall mail a notice of the issuance of the warrant to:
(i)    The applicant;
(ii)    Each adjoining landowner named in the application under § 13-302(a)(4) of this subtitle;
(iii)    Each person, governmental body, or agency named in the application under § 13-302(a)(6) of this subtitle as having a claim to any portion of the land described in the application;
(iv)    The Division of State Documents; and
(v)    The Board of Public Works.
(2)    The notice shall include:
(i)    The information required by § 13-302(a)(4) of this subtitle; and
(ii)    The date, time, and place for making the survey, as specified by the surveyor under § 13-307(b)(2) of this subtitle.
(b)    Immediately on receipt of the notice, the Administrator of the Division of State Documents shall publish the notice in the next available two consecutive issues of the Maryland Register. The Commissioner shall place in the file of the applicant copies of the notice published in the Maryland Register and the dates of publication.
(c)    (1)    Immediately on receipt of the notice, the applicant shall:
(i)    Have the notice published at least once a week for three successive weeks in a newspaper of general circulation in each county in which any portion of the land described in the warrant is located; and
(ii)    Request the sheriff of each county in which any portion of the land described in the warrant is located to post the information contained in the notice conspicuously on the land.
(2)    The sheriff of each county promptly shall comply with a request made under this subsection.
(3)    The applicant promptly shall file with the Commissioner a certificate of publication and a certificate of the sheriff evidencing the date of posting.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-309 - Substitute Warrant; Extension of Time

(a)    (1)    If the surveyor to whom a warrant is directed is unable or unwilling to perform the duties set out in the warrant, the applicant may request the Commissioner in writing for issuance of a substitute warrant to another surveyor chosen by the applicant. The request shall set forth in detail the reasons for requesting the substitute warrant.
(2)    On receipt of the request, the Commissioner may issue a substitute warrant to the successor surveyor. If notice of the original warrant was published under § 13-308 of this subtitle, further publication is not required.
(3)    The issuance of a substitute warrant does not extend the time for filing the certificate of survey. However, a request for extension may be filed under subsection (b) of this section.
(b)    (1)    If the surveyor to whom an original or substitute warrant is directed is able and willing to perform the duties set out in the warrant but is unable to return his certificate in the time otherwise required by this subtitle, the applicant or the surveyor may request the Commissioner in writing for an extension of that time. The request shall set forth in detail the reasons for requesting the extension.
(2)    On receipt of the request, the Commissioner:
(i)    May extend the time for the return of the certificate; and
(ii)    Shall advise the applicant, the surveyor, and each objector in writing of his decision and the period of any extension granted.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-310 - Certificate of Survey

(a)    After the surveyor has completed the survey, the surveyor shall:
(1)    Prepare a certificate of survey and one additional duplicate certificate for each county in which any vacant land embraced within the survey is located; and
(2)    Return the certificate and all of these duplicates to the Commissioner in the time required by this subtitle.
(b)    The certificate of survey shall contain, as to all the land embraced within the survey:
(1)    A plat that meets the requirements of § 3–108(c) of this article and any rules or regulations adopted under this title;
(2)    A description of any vacant land and a separate description of any land owned by the applicant, each of which descriptions:
(i)    Shall include the area covered by it; and
(ii)    Shall be referenced to adjoining tracts in the manner generally accepted in the profession of land surveying;
(3)    A statement of the character and condition of any improvements on the land, or a statement that no improvements exist; and
(4)    A certification by the surveyor that the surveyor:
(i)    Actually has run and measured on the land the distance of each boundary; and
(ii)    Has complied with all the requirements of this subsection.
(c)    The certificate and all duplicates shall be signed and verified by the surveyor.
(d)    If the surveyor fails to return the certificate and all duplicates in the time required by this subtitle, the Commissioner shall dismiss the application and enter an order of termination in the proceeding.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-311 - Commissioner to Return or File Certificate; Notification

(a)    The Commissioner shall examine the certificate of survey, each duplicate certificate, and the plat returned by the surveyor. If any certificate, duplicate, or plat is found to be incorrect or incomplete, the Commissioner promptly shall return it to the surveyor for immediate completion or appropriate amendment.
(b)    If the certificate, duplicates, and plat appear to comply with the requirements of § 13-310 of this subtitle, the Commissioner shall:
(1)    File the certificate and plat in the proceeding; and
(2)    Promptly mail a notice of the return of the certificate of survey to:
(i)    Each party to the proceeding; and
(ii)    Each other person, including any potential objector, who has requested the Commissioner in writing for this notice.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 3 - Application and Issuance of Warrant; Valuation of Land › Section 13-313 - Determination of Purchase Price for Vacant Land

(a)    When a certificate of survey embracing any vacant land is filed, the Commissioner shall forward one of the duplicate certificates returned by the surveyor to the supervisor of assessments for each county in which the land is located.
(b)    Except as provided in subsection (d) of this section, within 30 days of receipt of the duplicate certificate, the supervisor shall have two assessors:
(1)    Independently of each other, inspect and assess the actual fair market value of the vacant land and any improvements on it;
(2)    Endorse the duplicate certificate with their joint determination of the assessed value of the vacant land and improvements;
(3)    Prepare a statement of the reasons for the valuation;
(4)    Sign and verify the endorsed duplicate certificate and the statement; and
(5)    Return the endorsed duplicate certificate and the statement to the Commissioner.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the purchase price for the vacant land shall be the assessed value of the land in the county or, if located in more than one county, the sum of the assessed values of the land in each county, as determined by the assessors under subsection (b) of this section, less all expenses of the surveyor, reasonable attorney’s fees, and costs charged by the Commissioner.
(2)    In a hearing before the Commissioner or in any proceeding for declaratory relief under this title, the applicant may present evidence that the assessed value of the vacant land is less than that established under paragraph (1) of this subsection. In this case, the final judgment of the Commissioner or the circuit court, as the case may be, shall set the purchase price for the vacant land at any amount, not exceeding that established under paragraph (1) of this subsection, which the Commissioner or the court, based on the endorsed duplicate certificate and statement of the assessors and any other satisfactory evidence presented in the matter, determines to be the proper assessed value of the land. The determination of the Commissioner or the court is subject to appeal only as provided in § 13-410(b) of this title.
(d)    In the case of an application by a governmental body for a certificate of reservation, the supervisor of assessments is not required to assess the value of the land.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-401 - Objections to Grant of Patent -- Who May Object

The following persons may file an objection to the granting of a patent for all or any portion of the land described in the application:
(1)    Any person or governmental body with prior title to any portion of the land, except that, if the land is land for which a patent never has been issued, the State and its agencies may object only in accordance with item (3) of this section;
(2)    Any person who possesses any portion of the land under claim of ownership in a manner that, either directly or by tacking, is actual, open, notorious, exclusive, and continuous and uninterrupted for the 20 years immediately preceding the date of filing the application; and
(3)    The State or any agency of the State that requires any portion of the land for public purposes.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-402 - Objections to Grant of Patent -- Manner and Time of Objection

(a)    Each objection in a proceeding shall be filed with the Commissioner:
(1)    After the filing of the application for a warrant; and
(2)    Within the later to occur of:
(i)    Six months after the issuance of the warrant; or
(ii)    60 days after the surveyor returns the certificate of survey under this title.
(b)    Each objection shall be in writing and contain:
(1)    The name and address of the objector;
(2)    A description of that portion of the land to which the objection applies, referenced to the description contained in the certificate of survey and accompanying plat;
(3)    The reasons for the objection;
(4)    All available documentary and factual information necessary to support the claim of the objector;
(5)    If the objection is made by a person claiming ownership under § 13-401(2) of this subtitle:
(i)    The name and current address of each person that has possessed the land under claim of ownership in the manner described in § 13-401 (2) of this subtitle;
(ii)    The term of each possession; and
(iii)    Any physical signs that accompanied each possession; and
(6)    If the objection is made by the State or any agency of the State claiming public use under § 13-401(3) of this subtitle:
(i)    A statement of the particular public purpose for which the land is required;
(ii)    A description of a clear and compelling need for the land;
(iii)    The anticipated date when the land will be used for the specified public purpose; and
(iv)    A statement of whether the land adjoins any land already held by the objector.
(c)    Each objection shall be signed and verified by the objector and contain a certification that a copy of the objection was forwarded, at the address on record with the Commissioner, to:
(1)    The applicant;
(2)    Each other party in the proceeding; and
(3)    Each other person entitled to notice under § 13-404(b) of this subtitle.
(d)    If any information required by this section is unavailable when the objection is filed, it may be included in an amendment to the objection, if the amendment is filed in advance of any hearing before the Commissioner or any proceeding for declaratory relief.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-403 - Objections to Grant of Patent -- Objector Waives Matters Not Raised

Any information, matter, or claim required by § 13-402 of this subtitle to be in an objection is waived if not raised in the objection or in an amendment to it in advance of any hearing before the Commissioner or any proceeding for declaratory relief.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-404 - Notices

(a)    Any person, governmental body, or agency that files an objection under this subtitle becomes a party to the proceeding as of the date the objection is filed. After that date, the Commissioner and each party to the proceeding shall give the objector notice of any action taken by them in connection with the proceeding.
(b)    Any owner of land adjoining the land described in the application, without filing an objection, may request the Commissioner in writing for notice of actions taken in connection with the proceeding. After receipt of the request, the Commissioner and each party to the proceeding shall give the adjoining landowner notice of any action taken by them in connection with the proceeding.
(c)    As soon as they are known to the Commissioner, the Commissioner shall provide each party to the proceeding with the name and address of each other party and of each adjoining landowner requesting notice.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-405 - Determination of Forum

(a)    Except as otherwise provided in this section, the Commissioner shall hold a hearing under § 13-406 of this subtitle to determine whether to issue a patent to the applicant.
(b)    (1)    Within 30 days after the expiration of the period for filing objections, any party to the proceeding may request the Commissioner in writing for referral of the proceeding to the circuit court for declaratory relief under § 13-407 of this subtitle. The request shall set forth in detail the reasons for requesting the referral.
(2)    Each request shall be signed and verified by the person making the request and contain a certification that a copy of the request was forwarded, at the address on record with the Commissioner, to:
(i)    Each other party to the proceeding; and
(ii)    Each other person entitled to notice under this title.
(c)    (1)    The Commissioner shall consider any request for referral filed under this section. Promptly after the expiration of the period for filing requests, the Commissioner may:
(i)    Notwithstanding any request for referral, order that the proceeding be set for a hearing before the Commissioner under § 13-406 of this subtitle; or
(ii)    On request for referral or on the Commissioner’s own initiative, order that the proceeding be referred to the circuit court for declaratory relief under § 13-407 of this subtitle.
(2)    The order of the Commissioner shall set forth the reasons for it and shall be mailed to:
(i)    Each party to the proceeding; and
(ii)    Each other person entitled to notice under this title.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-406 - Hearing Before Commissioner

(a)    If, under § 13-405 of this subtitle, the proceeding is set for a hearing before the Commissioner, the Commissioner shall hold the hearing in accordance with the Administrative Procedure Act as soon as practicable within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle.
(b)    Objections filed in the proceeding may be consolidated at any time for hearing or heard separately, as the Commissioner determines.
(c)    (1)    The Commissioner may issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents at any hearing authorized by this section.
(2)    A subpoena or order issued under this subsection shall be directed and served, in the same manner and with the same effect as any other civil process, under the Maryland Rules and applicable statutes. The subpoena or order shall be returnable to the Commissioner.
(3)    If a person fails to comply with any subpoena or order issued under this subsection, the Commissioner may invoke the aid of the circuit court of the county in which declaratory relief might have been sought under § 13-407 of this subtitle. The circuit court may order that person to obey the subpoena or order and may charge the costs of the proceedings before it to that person.
(d)    If a hearing is held under this section, the proceeding before the Commissioner for the issuance of a patent and all papers, dockets, orders, and decisions resulting from the proceeding:
(1)    Have the same force and effect as the proceedings of a court of record; and
(2)    Shall be proved in the same manner as proceedings in a court of record.
(e)    Within 30 days of the conclusion of a hearing held under this section, the Commissioner shall render a final judgment under § 13-408 of this subtitle.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-407 - Declaratory Relief

(a)    If, under § 13-405 of this subtitle, the proceeding is to be referred to the circuit court for declaratory relief, then, within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle, the applicant shall file a bill of complaint in equity in the circuit court for the county in which the largest portion of the land described in the warrant is located. The bill of complaint shall seek declaratory relief under Title 3, Subtitle 4 of the Courts Article, the Maryland Uniform Declaratory Judgments Act.
(b)    Immediately after suit is filed, the applicant also shall serve the Commissioner by mail with a copy of the complaint.
(c)    (1)    After service is made on the Commissioner, the Commissioner shall forward to the court a certified copy of any endorsed duplicate certificates and statements of valuation returned to the Commissioner under § 13-313 of this title.
(2)    In the court action, the Commissioner is entitled to:
(i)    Be heard;
(ii)    Request consolidation of any of the objections filed in the proceeding;
(iii)    Submit a written statement within a time deemed reasonable by the court; and
(iv)    Seek intervention under the Maryland Rules.
(d)    The court shall render its judgment as provided in § 3-408.1 of the Courts and Judicial Proceedings Article. A copy of the judgment and any supporting opinion shall be sent to:
(1)    The Commissioner, for administrative implementation according to the court’s declaration; and
(2)    The clerk of the circuit court for each other county in which any portion of the land is located.