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Session Laws, 1972
Volume 708, Page 1108   View pdf image
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1108                             Laws of Maryland                      [Ch. 349

Act (Article 41, §§ 251-256) as amended or supplemented from time
to time. Appeals from final decisions of the Commissioner and further
appeal to the Court of Appeals shall be as provided therein. As part
of the decision following any hearing, the Commissioner may charge
any party thereto with any portion of the costs of such hearing.

(c)    Hearings and objections of public bodies.A hearing based
upon an objection filed pursuant to
§ 13-111 (c) shall be held promptly
after such objection is filed. A determination by the Commissioner
that the person filing the objection would be authorized to acquire
the vacant land referred to therein by eminent domain shall termi-
nate the proceeding as to such vacant land and a final order to that
effect shall be entered by the Commissioner. Such order shall contain
a direction to the person filing the objection to reimburse the appli-
cant for all reasonable expenses incurred by him in connection
with the survey of such vacant land and for the taking of deposi-
tions between the time of filing the application and the date such
objection was filed. In cases of dispute as to such amount, the appli-
cant may recover such expenses in a court of law.

(d)    Time for other hearings.Except as stated in subsection (c),
all hearings conducted because of objections filed in the proceeding
shall be held after the filing of the certificate of the surveyor and any
depositions which may be required by this title. The Commissioner
may, in his discretion, postpone any such hearing until the expira-
tion of the period during which objections may be filed; and any
objections filed in the proceeding may at any time be consolidated
for hearing or heard separately as the Commissioner determines.
Any decision or order overruling objections to issuance of a patent
following a hearing held prior to the expiration of the period during
which objections may be filed shall be considered to represent pre-
liminary findings until the expiration of such period and the issuance
of a final decision or order by the Commissioner.

13-118. Issuance of patent generally; form and contents of patent.

(a)    Notification of applicant.After the Commissioner deter-
mines that it is proper to issue a patent, he shall certify his decision
to the applicant and any party to the proceeding. He shall also
notify the applicant of the purchase price for any vacant land and
any costs, fees or charges which will be due at the time of the issuance
of the patent. He shall also notify the applicant that his failure to
pay such costs, fees, charges and purchase price within sixty days
will result in termination of the proceeding.

(b)    Time of issuance; stay on appeal.If no person has filed an
objection to the issuance of the patent within the time prescribed,
the patent may be issued at any time after determination by the
Commissioner that it is proper to issue a patent and the purchase
price for any vacant land and any costs, fees and charges have been
paid. If objection has been filed to the issuance of the patent, no
patent shall be issued until expiration of thirty days from the date of
the final decision or order of the Commissioner. Entry of an appeal
as provided by the Administrative Procedure Act and the Rules of
Procedure adopted by the Court of Appeals shall operate as a stay of
the issuance of a patent until the conclusion of such appeal.

(c)    Form and contents of patent.The patent shall be drawn by
the Commissioner and shall contain the name of the person who filed


 

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Session Laws, 1972
Volume 708, Page 1108   View pdf image
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