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Session Laws, 1972
Volume 708, Page 1107   View pdf image
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Marvin Mandel, Governor                       1107

(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).

13-111. Objections to issuance of patents.

(a)    Time for filing; contents.At any time after the filing of
the application referred to in
§ 18-105 (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 hereto-
fore be raised by caveat to a special warrant, a special warrant of
resurvey without adding vacancy, or a special warrant of resuryey
adding vacancy and any other objection bearing upon the determina-
tions to be made by the Commissioner pursuant to
§ 18-110 (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 haying authority to acquire such land
by eminent domain. Such objection shall contain a specific reference
to the particular purpose for which such land is required and the
statutory authority of the agency, corporation or governmental body
to acquire land for that purpose by eminent domain.

(d)    Effect of objection; notice.Any person filing an objection
shall thereafter be deemed a party to the proceeding and shall be
entitled to notice of hearings, of the taking of depositions and of the
filing of any documents in the proceeding subsequent to the time
that such objection is filed. Any owner of adjoining land may,
without filing an objection, become a party to the proceeding for the
purpose of receiving notices, by filing a written request for such
notices.

13-112. Hearings generally.

(a)    When conducted.The Commissioner may conduct hearings
at any time and for any purpose relevant to the determinations to
be made by him under
§ 13-110 (b). Such hearing must be held
prior to the refusal to issue a patent, prior to the valuation of
vacant land at other than the value fixed by the supervisor of assess-
ments, or prior to the issuance of a patent after an objection has
been filed.

(b)    How conducted; appeal.Any hearing conducted pursuant
to this subtitle shall be held in accordance with the provisions for
hearings in contested cases provided by the Administrative Procedure


 

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Session Laws, 1972
Volume 708, Page 1107   View pdf image
 Jump to  
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