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Session Laws, 1976
Volume 734, Page 2598   View pdf image
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2598                                          LAWS OF MARYLAND                                Ch. 915

13-409. NOTICE OF DETERMINATION TO ISSUE PATENT AND
AMOUNTS OWED.

IF THE COMMISSIONER DETERMINES THAT A PATENT SHOULD
BE ISSUED, HE SHALL CERTIFY HIS FINAL JUDGMENT TO THE
APPLICANT AND THE PARTIES TO THE PROCEEDING. IN
ADDITION, IF EITHER THE COMMISSIONER OR THE CIRCUIT COURT
DETERMINES THAT A PATENT SHOULD BE ISSUED, THE
COMMISSIONER SHALL MAIL TO THE APPLICANT A NOTICE:

(1)  OF THE PURCHASE PRICE FOR ANY VACANT LAND;

(2)   OF ANY EXPENSES OUTSTANDING AT THE TIME
THE PATENT IS TO BE ISSUED; AND

(3)    THAT THE PROCEEDING WILL BE ABANDONED IF
THE APPLICANT FAILS TO PAY THE PURCHASE PRICE AND ALL
OUTSTANDING EXPENSES:

(I)    WITHIN 45 DAYS OF RECEIPT OF THE NOTICE;

OR

(II)       IF AN APPEAL IS FILED UNDER §13-410 OF
THIS SUBTITLE, WITHIN 45 DAYS OF THE RENDERING ON APPEAL
OF A FINAL DECISION TO ISSUE A PATENT.

13-410. JUDICIAL REVIEW.

(A)        IN GENERAL.

(1)          IF THE PROCEEDING IS HEARD BY THE
COMMISSIONER UNDER §13-406 OF THIS SUBTITLE,   THE FINAL
JUDGMENT OF THE COMMISSIONER MAY BE APPEALED AS      PROVIDED
BY THE ADMINISTRATIVE PROCEDURE ACT.

(2)          IF THE PROCEEDING IS REFERRED TO THE
CIRCUIT COURT FOR DECLARATORY RELIEF UNDER §13-407 OF
THIS SUBTITLE, THE FINAL JUDGMENT OF THE COURT MAY BE
APPEALED AS PROVIDED IN §3-408.1 OF THE COURTS ARTICLE.

(B)        EXCEPTION AS TO PURCHASE PRICE.

(1) ON APPEAL, THE PURCHASE PRICE FOR ANY
VACANT LAND MAY BE CONTESTED ONLY:

(I)        BY THE APPLICANT; OR

(II) IF THE COMMISSIONER OR THE COURT, AS THE
CASE MAY BE, ESTABLISHES A PURCHASE PRICE UNDER

§13-313(C)(2) OF THIS TITLE AT AN AMOUNT LESS THAN THAT
ESTABLISHED BY THE ASSESSORS UNDER §13-313(C)(1) OF THIS
TITLE, BY THE STATE.

(2)        IF THE PURCHASE PRICE FOR VACANT LAND IS
CONTESTED ON APPEAL, THE COURT HEARING THE APPEAL MAY SET
THE PURCHASE PRICE AT ANY AMOUNT, NOT EXCEEDING THAT
ESTABLISHED BY THE ASSESSORS UNDER §13-313(C)(1) OF THIS
SUBTITLE, THAT THE COURT, BASED ON THE RECORD BEFORE IT,

 

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Session Laws, 1976
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