1106                             Laws of Maryland                      [Ch. 349

18-110. Determination by Commissioner whether patent should be
issued; certificate of 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:

(1)    No land described in the certificate has been held in posses-
sion for twenty years by a person other than the applicant and those
through whom he derives title;

(2)    No patent has theretofore been issued for any land shown
in the certificate of the surveyor as vacant land;

(8) 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;

(4)    The valuation placed upon any vacant land pursuant to
§ 18-109 represents the actual fair market value of such land;

(5)    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, cor-
poration or body has power of eminent domain; and

(6)    All procedural requirements of this title have been fulfilled.

(c)    Determination without hearing.—In any proceeding where
a hearing is not required by § 18-111 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
proceedings, 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 oppor-
tunity 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 descrip-
tion 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.