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Ch. 162
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1766
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LAWS OF MARYLAND
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(2) IF THE BOARD OF PUBLIC WORKS REJECTS FOR
CAUSE THE COMMISSIONER'S CERTIFICATE WITHIN THE PERIOD
SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION, THE PATENT
MAY NOT BE ISSUED AND THE APPLICANT IS ENTITLED TO
REIMBURSEMENT FROM THE STATE OF ALL REASONABLE EXPENSES
AND REASONABLE ATTORNEY'S AND SURVEYOR'S FEES INCURRED BY
THE APPLICANT IN THE APPLICATION PROCEEDINGS. THE BOARD
SHALL PROVIDE FOR PAYMENT OF THE REIMBURSEMENT FROM FUNDS
AVAILABLE TO IT AND MAKE THE REIMBURSEMENT AS SOON AS IS
PRACTICABLE.
(C) [(b)] The issuance of a patent under this title
is not subject to the provisions of Article 78A of the
Code governing the sale or disposition of State property.
13-503.
(a) The issuance of a patent [grants a fee—simple
interest in vacant land and] operates as a quitclaim of
the interest of the State in the land.
13-504.
(a) Subject to subsection (b) of this section, if,
after the exhaustion of all available defenses and
appeals, a court of competent jurisdiction determines
that the patent is invalid as to any portion of the
vacant land for which it was issued, the person to whom
the patent was issued is entitled to reimbursement from
the State of [the pro rate] THAT portion of the ENTIRE
purchase price paid [for] THAT IS EQUITABLY ATTRIBUTABLE
TO the vacant land held to have been invalidly patented,
BASED ON A PRO RATA APPORTIONMENT OF THE ENTIRE PURCHASE
PRICE OR ANY OTHER FACTOR WHICH THE BOARD OF PUBLIC WORKS
DETERMINES TO BE RELEVANT.
(c) If the Board of Public Works determines that
the applicant is entitled to reimbursement under this
section, it shall ESTABLISH THE AMOUNT OF THE
REIMBURSEMENT, provide for PAYMENT OF the reimbursement
from funds available to it, and make the reimbursement as
scon as is practicable.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved April 29, 1977.
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CHAPTER 163
(Senate Bill 147)
AN ACT concerning
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