MARVIN MANDEL, Governor
2597
(2) IF AN OBJECTION IS FILED UNDER THIS
SUBTITLE AND THE COMMISSIONER OR THE CIRCUIT COURT, AS
THE CASE MAY BE, DETERMINES THAT THE OBJECTOR MEETS THE
APPLICABLE REQUIREMENTS OF §13-401 OF THIS SUBTITLE, THE
FINAL JUDGMENT OF THE COMMISSIONER OR THE COURT SHALL:
(I) SUSTAIN THE OBJECTION; AND
(II) AS TO THAT PORTION OF THE LAND TO WHICH
THE OBJECTION APPLIES, DISMISS THE APPLICATION AND
TERMINATE THE PROCEEDINGS ON IT.
(3) IF THE COMMISSIONER OR THE CIRCUIT COURT,
AS THE CASE MAY BE, DETERMINES THAT AN APPLICANT HAS
COMPLIED WITH THE REQUIREMENTS OF THIS TITLE, THEN, AS TO
ANY LAND FOR WHICH AN OBJECTION IS NOT FILED UNDER THIS
SUBTITLE OR, IF FILED, NOT SUSTAINED UNDER PARAGRAPH (2)
OF THIS SUBSECTION, THE FINAL JUDGMENT OF THE
COMMISSIONER OR THE COURT SHALL:
(I) IN ACCORDANCE WITH §13-313(C) OF THIS
TITLE, SET THE PURCHASE PRICE FOR ANY OF THE LAND THAT IS
VACANT LAND; AND
(II) ORDER A PATENT TO BE ISSUED TO THE
APPLICANT FOR THE LAND, ON PAYMENT OF THE PURCHASE PRICE
AND ANY EXPENSES OWED.
(B) IF JUDGMENT INCLUDES ONLY PORTION OF LAND.
IF THE FINAL JUDGMENT OF THE COMMISSIONER OR THE
CIRCUIT COURT ESTABLISHES THAT A PATENT SHOULD BE ISSUED
FOR LESS THAN ALL OF THE LAND EMBRACED WITHIN THE
CERTIFICATE OF SURVEY, THE COMMISSIONER SHALL ISSUE AN
AMENDED WARRANT TO THE SURVEYOR, DIRECTING HIM TO AMEND
THE CERTIFICATE OF SURVEY IN ACCORDANCE WITH THE JUDGMENT
WITHIN 90 DAYS.
(C) IF JUDGMENT INCLUDES ADDITIONAL LAND.
IF THE FINAL JUDGMENT OF THE COMMISSIONER OR THE
CIRCUIT COURT INCLUDES ANY LAND NOT EMBRACED WITHIN THE
CERTIFICATE OF SURVEY, THE APPLICANT SHALL INITIATE NEW
PROCEEDINGS FOR THE ENTIRE TRACT.
(D) REIMBURSEMENT OF EXPENSES.
IF AN OBJECTION BY THE STATE OR ONE OF ITS AGENCIES
CLAIMING PUBLIC USE UNDER §13-401(3) OF THIS SUBTITLE IS
SUSTAINED, THE FINAL JUDGMENT OF THE COMMISSIONER OR THE
CIRCUIT COURT SHALL DIRECT THE OBJECTOR TO REIMBURSE THE
APPLICANT FOR ALL REASONABLE EXPENSES AND REASONABLE
ATTORNEY'S AND SURVEYOR'S FEES INCURRED BY THE APPLICANT
IN THE PROCEEDING IN CONNECTION WITH THAT PORTION OF THE
LAND TO WHICH THE OBJECTION IS SUSTAINED. IF THERE IS A
DISPUTE AS TO THE AMOUNT, THE APPLICANT MAY RECOVER IN A
COURT OF LAW ALL FURTHER EXPENSES INCURRED BY THE
APPLICANT IN CONNECTION WITH THE DISPUTE.
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