Ch. 3                                       1995 LAWS OF MARYLAND

137A.

If any road in Frederick County has not been maintained by the Frederick County
Board of County Commissioners for a period of [twenty (20)] 20 years prior to July 1,
1973, it shall be conclusively presumed that [said] THE road was closed in accordance
with [Article 25,] §§ 135 through 137 of this [subtitle] ARTICLE.

DRAFTER'S NOTE:

Error: Stylistic error in Article 25, 137A.

Occurred: Ch. 882, Acts of 1973.

138.

Whenever the county commissioners decide that it is expedient that a road be
opened as provided in § [137] 135 ET SEQ. of this [article] ARTICLE, they may contract
with the owner of the land through which the road is intended to run for the right-of-way
over the land necessary for the road, if the owner is competent to contract; and in case
the county commissioners shall so contract they shall cause a plat of the said road to be
made by a competent surveyor and filed and recorded in the office of the clerk of the
circuit court for the county in which the deed or deeds conveying the lands are required
to be recorded, which plat shall be referred to in, and shall be a part of the deed or deeds,
and the lands so conveyed shall be and become thenceforth the property of the county, in
the same manner and to the same extent as other county roads, and no further, subject to
the public rights-of-way over the same; and it shall be lawful for the county
commissioners of any county so to contract for land for a public wharf, drains for county
roads or other public use or uses, which land shall be the property of the county, subject
to said use or uses; and whenever the county commissioners shall deem it expedient that
examiners should be appointed to view the grounds for the purpose of opening, altering
or closing a road, they shall appoint three persons as examiners, who shall be freeholders
in the county, and not interested in or holding lands through which the road is proposed
to be opened, altered or closed; but the appointment of examiners shall not prevent the
county commissioners at any time thereafter from contracting with the owner, as above
provided; and the county commissioners of any county are authorized, when the county
roads cannot be conveniently drained by drains along the said county roads, to make
drains upon the property outside the limits of the roads; and they shall contract for the
lands that may be required for that purpose, as above provided, or they may proceed to
condemn the lands that may be necessary for the purpose under the provisions of Title 12
of the Real Property Article of the Code.

DRAFTER'S NOTE:

Error: Incorrect citation and stylistic error in Article 25, § 138.
Occurred: Errors predate 1957 Edition of the Code.

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