SPIRO T. AGNEW, Governor 725
sitions and an affidavit of the person at whose instance such deposi-
tion was taken that notice was given to all parties to the proceeding.
20. Proceedings on return of certificate.
(a) Filing of certificate; correction and amendment. The
Commissioner shall examine the certificates and plats returned by
the surveyor and, if they appear to comply with the requirements
of Section 18, shall file them in the proceeding. If the certificate or
plat is found to be incorrect or incomplete, it shall be returned to the
surveyor for completion or appropriate amendment.
(b) Valuation of vacant land. When a certificate containing any
alleged vacant land has been filed, the duplicate copy thereof
returned by the surveyor shall be forwarded to the Supervisor of
Assessments for the county in which such land lies. The Supervisor
shall make such investigation or inspection of the land as he deems
appropriate; shall endorse on the duplicate certificate his affidavit
of the actual fair market value of the alleged vacant land and the
improvements thereon and a statement of the reasons for such
valuation; and shall return the duplicate certificate so endorsed to the
Commissioner. Such valuation shall thereafter be deemed to be
prima facie evidence of the actual fair market value of the vacant
land and improvements referred to in the certificate; but upon
written exception by the applicant or objection by any person, the
Commissioner shall conduct a hearing on the issue so presented.
21. Determination by Commissioner.
(a) Time for determination. The certificate shall remain upon
record in the office of the Commissioner for a period of six months
from the date that it is filed by the surveyor. At the end of such
period, the Commissioner shall promptly determine, on the basis of
the criteria set forth in subsection (b), whether a patent should be
issued.
(b) Findings by Commissioner. A patent shall be prepared by
the Commissioner and presented to the Governor only upon affirma-
tive findings by the Commissioner that:
(i) No land described in the certificate has been held in
possession for twenty years by a person other than the applicant
and those through whom he derives title;
(ii) No patent has theretofore been issued for any land shown
in the certificate of the surveyor as vacant land;
(iii) Any land shown in the certificate of the surveyor to have
been resurveyed has been held in possession of the applicant and
those through whom he derives title for the period of twenty years
next preceding the date of filing the application;
(iv) The valuation placed upon any vacant land pursuant to
Section 20 represents the actual fair market value of such land;
(v) No portion of any vacant land described in the certificate
has been sought, by written request filed in the proceeding, by any
agency of the State, municipal corporation or governmental body
of any State subdivision, for a purpose for which such agency,
corporation or body has power of eminent domain; and
(vi) All procedural requirements of this subtitle have been ful-
filled.
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