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Session Laws, 1967
Volume 681, Page 726   View pdf image (33K)
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726                              LAWS OF MARYLAND                      [CH. 355

(c)    Determination without hearing. In any proceeding where a
hearing is not required by Section 22 or, if required, in which any
of the matters to be determined by the Commissioner are not in
issue, the Commissioner may make any determination referred to
in subsection (b) on the basis of the documents filed in the proceeding
as required or permitted by this subtitle. The Commissioner may,
however, require a hearing at any time or for any relevant purpose
and shall require such hearing before refusing to issue a patent.

(d)    Modification of certificate. If after consideration of the pro-
ceedings, including the evidence produced at any hearing which
may be required, the Commissioner determines that it is proper to
issue a patent only for a less quantity of land than is embraced
within the certificate of the surveyor, he shall issue an amended
warrant to the surveyor directing him within a period of ninety days
to amend the certificate in accordance with such findings. If such
determination is made by the Commissioner before a hearing has been
held, all parties to the proceeding shall be given an opportunity to
request such hearing prior to the issuance of the amended warrant.
If such order is made and the effect of any such amendment is to
include any land not embraced within the lines of the description
and plat first returned, the period within which objections may be
filed shall be extended to six months after the filing of the amended
certificate and plat.

(e)    Effect of certificate of Commissioner. The certificate of the
Commissioner affixed to a patent that such patent is proper to be
issued shall be conclusive proof of an affirmative finding by the
Commissioner as to each of the matters referred to in subsection
(b).

22. Objections to issuance of patents.

(a)    Time for filing; contents. At any time after the filing of the
application referred to in Section 16 (a) and before the expiration of
six months from the filing of the certificate by the surveyor, any
person may file an objection to the issuance of a patent in such
proceeding. Such objection shall be in writing, shall set forth the
reasons for the objection, and shall bear a certification that a copy
of the objection has been mailed to the applicant and to each other
person who is then a party to the proceeding.

(b)    Grounds for objection. Any matter which could heretofore
be raised by caveat to a special warrant, a special warrant of resur-
vey without adding vacancy, or a special warrant of resurvey adding
vacancy and any other objection bearing upon the determinations to
be made by the Commissioner pursuant to Section
10 21 (b) may be
included in an objection. Any matter not raised in such objection
shall be deemed to have been waived or admitted by the person filing
the objection; but amendment of objections may be made in the
manner and during the period permitted by subsection (a) and before
hearing.

(c)    Objection by public agency, etc. An objection on the basis
that vacant land described in the application or certificate of the
surveyor is required for public purposes may be made only by an
agency of the State, a municipal corporation, or any governmental
body of any State subdivision having authority to acquire such land
by eminent domain. Such objection shall contain a specific reference


 

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Session Laws, 1967
Volume 681, Page 726   View pdf image (33K)
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