Marvin Mandel, Governor                       1105

referred to in the certificate for the twenty years, next preceding the
date of filing of the application. Such proof shall be taken by the
applicant by deposition, including the deposition of at least one
person other than the applicant or a person related to him, and shall
be conducted in the manner prescribed for the taking of depositions
in the Rules of Procedure adopted by the Court of Appeals. The
examination of each deponent shall include his knowledge of the
land described in the certificate and the general area surrounding
such land, and the apparent accuracy, based upon such knowledge,
of the plat prepared by the surveyor.

(b)    Proof at hearing.—In cases where a hearing is to be held,
the Commissioner may, upon motion of the applicant made prior
to the time referred to in subsection (e), direct that the proof
required by subsection (a) be taken at such hearing and not by way
of deposition.

(c)    Deposition on request of surveyor.—Upon request of the sur-
veyor, the applicant may take the deposition of any person in order
to assist the surveyor in ascertaining the boundaries upon which
his survey depends or otherwise to assist him in the execution of
the warrant.

(d)    Notice of deposition.—Notice of the taking of any deposi-
tion shall be given to all parties to the proceeding; and any such
party may be present at the deposition and examine any deponent.

(e)    Filing depositions.—All depositions shall be filed with the
Commissioner within forty-five days from the date of filing the
certificate of the surveyor. Depositions, when filed, shall be accom-
panied by all exhibits introduced during the course of such deposi-
tions and an affidavit of the person at whose instance such deposi-
tion was taken that notice was given to all parties to the proceeding.

13-109. Filing of certificates and plats; correction and amendment
thereof; valuation of vacant land.

(a)    Filing of certificate; correction and amendment.—The Com-
missioner shall examine the certificates and plats returned by the
surveyor and, if they appear to comply with the requirements of
§ 13-107, shall file them in the proceeding. If any 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 Commis-
sioner shall conduct a hearing on the issue so presented.