S.B. 191                                                   VETOES

The Maryland Builders Association, on behalf of the Eastern Shore Builders Association,
the Maryland Society of Surveyors, and Andrews, Miller and Associates, a land surveying
firm, have requested a veto of Senate Bill 191. These organizations argue that the notice
requirements would unnecessarily prolong otherwise routine land surveys.

In 1992, I vetoed legislation similar to Senate Bill 191. While one of the problems with the
1992 legislation concerning notice procedures was addressed in Senate Bill 191, the notice
requirements remain onerous and would clearly delay the completion of a land survey in
the following ways.

First, a particular piece of property may have several adjoining property owners, and it is
conceivable that a large tract of land may have several dozen adjoining landowners. In
order to properly notify each adjoining landowner, a party would have to spend time
researching the names and addresses of each adjoining landowner and incur considerable
expense preparing and mailing the notification.

Secondly, the landowner must wait, until all adjoining landowners actually receive the
notice. According to the bill, the landowner must wait 10 days for the certificate of mail
to be returned before resorting to the default notice mechanism, posting of notice within
25 feet of the adjoining land. This alone could add an additional 2 weeks to the process a
landowner must go through to obtain a land survey.

In addition, the current low interest rates have stimulated. Maryland's economy by giving
people the incentive to purchase new homes and refinance existing mortgages. In order to
either obtain or refinance a mortgage; lending institutions and title companies require the
mortgagor to have the mortgaged property surveyed.                               

However, banks and title companies must work within specific time constraints to meet
financing deadlines. If a land survey is delayed and the bank or title company is unable to
meet their deadline, the mortgagor may lose fees paid to lock into a particular interest
rate or might not be able to take-advantage of a favorable interest rate. As such, Senate
Bill 191 would inhibit Maryland's economic growth.

I understand that it would work to certain Dorchester County landowners' advantage to
have notice of an impending survey, especially in rural areas where property markers are
often indistinguishable and a property line may be in dispute. However, the confusion,
delay, and added expense that Senate Bill 191 would cause for any land survey, no matter
what its purpose, as well as the potential negative effects on the housing industry,
outweigh the benefits that a few adjoining property owners might receiver

In addition, Senate Bill 191 might set a precedent for other counties to implement notice
requirements for land surveys. Such a trend would have a far reaching, negative impact on
the building industry, title companies, and homeowners, proving detrimental to
Maryland's economic development.

For these reasons, I have vetoed Senate Bill 191.

Sincerely,

William Donald Schaefer

Governor

- 3156 -