22                                         LAWS OF MARYLAND                                   Ch. 2

13-101.

The abolition of the office of Commissioner of the Land Office by vote of the
people at the general election of November 8, 1966, and the abolition or
modification of various forms for obtaining patents resulting by direction or
implication from various acts of the General Assembly since the basic law relating
to the issuance of patents was adopted in the eighteenth century, require a
complete revision of the law and practice relating to the issuance of patents. This
[subtitle] TITLE is designed and shall be construed to provide a simple and
convenient method for obtaining such patents. Neither this [subtitle] TITLE nor
any patent issued hereunder shall be construed to alter or affect the rights of any
person deriving title under a patent heretofore granted.

13-102.

(a) As used herein the following words shall have the following meanings, unless
the context requires a different meaning:

(1)  "Affidavit" means an oath or affirmation sworn or made before an officer
or other person authorized to administer an oath or take an affirmation that the
matters and facts set forth in the document to which it pertains are true and
complete to the best of the affiant's knowledge, information and belief.

(2)  "Commissioner" means the Commissioner of Land Patents designated in §
13-103.

(3)   "Land" means any contiguous area, whether cultivated or uncultivated,
within the territorial limits of the State of Maryland, except that "land" does not
include any area covered by navigable water unless such was included in a patent
issued prior to March 3, 1862. "Vacant land" means land for which no patent has
issued and which no person, other than one who hereafter applies for a patent and
those through whom he derives title, has held in possession for twenty years prior
to the filing of a proceeding under this [subtitle] TITLE.

(4)  "Patent" means any valid grant by the State of Maryland of its interest in
and to any vacant, resurveyed, escheat or confiscated land under any prior law;
any grant confirmed by Article 5 of the Declaration of Rights of the Constitution
of Maryland; and any patent hereafter issued in accordance with this [subtitle]
TITLE.

(5)  "Resurvey," whether used as a noun or as a verb in any form or tense,
means and refers to the act of surveying any land for which a patent has previously
been issued in order to obtain a new patent therefor.

(6)  "Surveyor" means the person elected or appointed pursuant to Article VII,
§ 2, of the Constitution of Maryland as county surveyor for the county to which a
warrant of survey or resurvey is to be directed; or, if no such person is elected or
appointed, any person authorized to practice land surveying as defined and
regulated by Article 75-1/2.

13-110.

(c) In any proceeding where a hearing is not required by § 13-111 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] TITLE. 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.