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Session Laws, 1973, Special Session
Volume 710, Page 526   View pdf image
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526                                        LAWS OF MARYLAND                            [Ch. 4

(E) CONTENTS OF NOTICE.--THE NOTICE SHALL

CONTAIN THE NAME AND ADDRESS OF THE PERSON AGAINST
WHOSE PROPERTY THE LIEN EXISTS, THE NAME AND ADDRESS
OF THE SERVICE, THE AMOUNT OF THE LIEN, A DESCRIPTION
OR REFERENCE TO THE PROPERTY SUBJECT TO THE LIEN, AND
THE DATE THE LIEN WAS CREATED.

(C)    RECORDING AND INDEXING OF RELEASE OF

LIEN.--ON PRESENTATION OF A RELEASE OF ANY LIEN OF THE

SERVICE, THE CLERK OF THE PROPER COURT IN WHICH THE
LIEN IS RECORDED AND INDEXED SHALL RECORD AND INDEX
THE RELEASE AND SHALL NOTE IN THE LIEN DOCKET THE DATE
THE RELEASE IS FILED AND THE FACT THAT THE LIEN IS
RELEASED.

(D)   EXPENSE FOR LIEN DOCKET; FEES OF CLERK.—THE
CLERK OF THE PROPER COURT SHALL PROVIDE A SUITABLE
WELL-BOUND BOOK, AT THE EXPENSE OF THE COUNTY OR CITY,
TO BE CALLED THE ENVIRONMENTAL SERVICE LIEN DOCKET, IN
WHICH THE NOTICES OF LIENS SHALL BE RECORDED AND
INDEXED. THE CLERK MAY NOT COLLECT MORE THAN $2 FOR
RECORDING AND INDEXING EACH LIEN OR RELEASE OF ANY
LIEN.

REVISOR'S NOTE: This section is new language. It
is added by decision of the Legislative
Council after the question whether there
should be provision for recording liens of
the Service in order to protect innocent
third parties was raised. At present,
certain liens against persons are created
in favor of the Service pursuant to
proposed sections 3-109(c), 3-110(b)(2),
(c) (3) , (d) (3) and 3-111 (b) .

The new language is derived largely from
Article 63, sections 46-50 of the Code
dealing with hospital liens.

With this new section, Environmental
Service statutes which create the liens are
changed only to the extent that the lien
is not effective unless recorded and
indexed. To have followed the approach of
only requiring recording and indexing of
every lien of the Service would have left
open the question of the efficacy of a lien
which was not recorded. Accordingly, in
proposed sections 3-109(c), 3-110(b)(2),
(c)(3), (d) (3) , and 3-111 (b) , language is

 

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Session Laws, 1973, Special Session
Volume 710, Page 526   View pdf image
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