FROM:   Edward C. Papenfuse, Commissioner of Land Patents

DATE:    April  18, 2002

RE:         Public Hearing Format and Commissioner's Questions
 

A hearing before the Commissioner of Land Patents is informal in accordance with the provisions of the Administrative Procedure Act.  Its purpose is to determine to the satisfaction of the Commissioner whether or not the applicants have clearly established that the land for which a land patent is requested is truly patentable as defined by law.  To this end, the Commissioner begins each hearing with a series of questions that he hopes will be addressed in detail by the applicants and/or the objectors in the course of the proceedings, or if need be, in writing later.  The questions are meant to provide a focus for the hearing and to be certain that no area of concern to the Commissioner in making his determination is overlooked.  Both the applicants and the objectors should feel free to address any issue not covered by the Commissioner's questions at any time the Commissioner, with the advice of counsel, deems appropriate.

The Commissioner will begin the hearing with his questions.  He will then give the applicants an opportunity to both respond to the questions and to begin their presentation.   The objectors will follow with a presentation of their case.  The applicants will be given an opportunity to respond.

In the matter of Warrant No. 96 the Commissioner will begin by asking the following questions:

1.  Land becomes eligible for patent in one of two ways: either because no patent has ever been issued that encompasses the allegedly vacant land, or because you hold fee simple title to the land, and under Title 13, Real Property Article, desire a patent.   Under which provision are the applicants applying for a patent?

2.  The applicants and their surveyor will be asked to locate the alleged vacant land on a standard base map of the area.

3.  The Commissioner will ask the applicants and the objectors to locate lines 38, 39, 40, 41, and 42 of a tract of land called "Mansell's Purchase," surveyed in 1771 and lines 3, 4, and 5 of a tract of land called "Red Oak Ridge," surveyed in 1795 as those lines exist on the ground today and on the base map.  Is line 40 of "Mansell's Purchase" co-terminous with line 4 of "Red Oak Ridge?"   Are there any existing monuments on the ground, representing the beginning and end markers of survey lines?   If so, what survey lines are these and to what patents do they relate?

4.  The Commissioner will ask the applicants and the objectors to locate lines 15, 16, 17, 18, and 19 of  a tract of land called "York County," surveyed in 1794.   Is line 16 of "York County" co-terminous with line 40 of "Mansell's Purchase ?"

5.  The Commissioner will ask the applicants and the objectors to locate lines 12, 13, and 14 of a tract of land called "Batchelor's Refuge," surveyed in 1761.

6.  The Commissioner will ask the applicants and the objectors to locate lines 87, 88, 89, and 90 of a tract of land called "Eppington Forest," surveyed in 1764.

7.  The Commissioner will ask the applicants and the objectors to locate lines 1, 2, and 3 of a tract of land called "North West Point of Batchelor's Refuge," surveyed in 1770 for fourteen acres.  What is the significance of a Baltimore County Court 1820 Land Commission, which in part reads  "...the North West Point of Batchelor's Refuge clear of elder surveys containing...12 [acres], 2 [rods], 0 [perches]...?"

8.  The applicants will be asked to decribe the research done to establish their contention that the subject land in this application meets the statutory definition of vacant land, viz., land for which patent never has been issued.

9.  The objectors will be asked for their response and to present any evidence they deem appropriate.