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Session Laws, 1976
Volume 734, Page 2603   View pdf image
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MARVIN MANDEL, Governor

2603

MAS ISSUED IS ENTITLED TO REIMBURSEMENT FROM THE STATE OF
THE PRO RATA PORTION OF THE PURCHASE PRICE PAID FOR THE
VACANT LAND HELD TO HAVE BEEN INVALIDLY PATENTED.

(3) APPLICATION FOR RETURN.

ANY PERSON CLAIMING A RIGHT TO REIMBURSEMENT UNDER
THIS SECTION SHALL APPLY TO THE BOARD OF PUBLIC WORKS FOR
REIMBURSEMENT WITHIN SIX MONTHS OF THE FINAL COURT
DECISION ON WHICH THE CLAIM IS BASED. THE APPLICATION
SHALL SET FORTH IN DETAIL THE BASIS OF THE CLAIM. IT
SHALL BE SIGNED AND VERIFIED BY THE PERSON MAKING THE
CLAIM AND CONTAIN A CERTIFICATION THAT A COPY OF THE
APPLICATION WAS MAILED TO THE COMMISSIONER.

(C) DETERMINATION BY BOARD OF PUBLIC WORKS.

IF THE BOARD OF PUBLIC WORKS DETERMINES THAT THE
APPLICANT IS ENTITLED TO REIMBURSEMENT UNDER THIS
SECTION, IT SHALL PROVIDE FOR THE REIMBURSEMENT FROM
FUNDS AVAILABLE TO IT AND MAKE THE REIMBURSEMENT AS SOON
AS IS PRACTICABLE.

SECTION 4. AND BE IT FURTHER ENACTED, That Sections
3-403(b) and 3-406 of Article - Courts and Judicial
Proceedings, of the Annotated Code of Maryland (1974
Volume and 1975 Supplement) be and they are hereby
repealed and reenacted, with amendments, to read as
follows:

Article — Courts and Judicial Proceedings

3-403.

(b) The enumeration in §§ 3-406, 3-407, [and]
3-408, AND 3-408.1 does not limit or restrict the
exercise of the general powers conferred in subsection
(a) in any proceeding where declaratory relief is
sought[,] AND in which a judgment or decree will
terminate the controversy or remove an uncertainty.

3-406.

Any person interested under a deed, will, trust,
LAND PATENT, written contract, or other writing
constituting a contract, or whose rights, status, or
other legal relations are affected by a statute,
municipal ordinance, administrative rule or regulation,
contract, or franchise, may have determined any question
of construction or validity[,] arising under the
instrument, statute, ordinance, administrative rule or
regulation, LAND PATENT, contract, or franchise and
obtain a declaration of rights, status, or other legal
relations under it.

SECTION 5.        AND BE IT FURTHER ENACTED, That new

 

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Session Laws, 1976
Volume 734, Page 2603   View pdf image
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