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Session Laws, 2003
Volume 799, Page 2431   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 334

authority determines that the land is no longer needed for public use by the
governmental body and notifies the Commissioner of this determination; OR

(II) WITH RESPECT TO UNPOSSESSED VACANT ABANDONED LAND,
UNTIL A UNIT OF STATE GOVERNMENT OR A COURT OF COMPETENT JURISDICTION
DETERMINES THAT A PERSON WHO HAS CLAIMED LEGAL TITLE TO THE LAND HAS
ESTABLISHED LEGAL TITLE TO THE LAND.

(2) (i) Upon application by another governmental body, the
Commissioner may transfer the certificate to that body with the approval of the
Board of Public Works or the appropriate local authority, as the case may be.

(ii) In the absence of such a transfer, the Commissioner may issue a
patent for the land in accordance with the applicable procedures of this title.

13-107.

(A)     IN THIS SECTION, "CLAIMANT" MEANS A PERSON WHO CLAIMS LEGAL
TITLE TO UNPOSSESSED VACANT ABANDONED LAND FOR WHICH A CERTIFICATE OF
RESERVATION FOR PUBLIC USE HAS BEEN ISSUED.

(B)     IF ABANDONED LAND WAS PATENTED PRIOR TO THE ISSUANCE OF A
CERTIFICATE OF RESERVATION FOR PUBLIC USE BY A UNIT OF STATE GOVERNMENT,
A CLAIMANT MAY FILE A WRITTEN CLAIM FOR LEGAL TITLE TO THE LAND WITH THE
UNIT OF STATE GOVERNMENT THAT RESERVED THE LAND FOR PUBLIC USE.

(C)     IF THE UNIT OF STATE GOVERNMENT THAT RESERVED THE LAND FOR
PUBLIC USE DETERMINES THAT THE CLAIMANT HAS LEGAL TITLE TO THE LAND, THE
UNIT OF STATE GOVERNMENT SHALL EITHER:

(1)      PAY THE CLAIMANT FAIR MARKET VALUE FOR THE LAND, AS
DETERMINED BY THE LOWER OF TWO INDEPENDENT APPRAISALS OF THE LAND; OR

(2)      NOTIFY THE COMMISSIONER THAT THE LAND IS NO LONGER
NEEDED FOR PUBLIC USE.

(D)     ANY ACTION TAKEN BY A UNIT OF STATE GOVERNMENT PURSUANT TO
UNDER SUBSECTION (C) OF THIS SECTION IS SUBJECT TO APPROVAL BY THE BOARD
OF PUBLIC WORKS.

(E)     (1) IF A UNIT OF STATE GOVERNMENT THAT RESERVED LAND FOR
PUBLIC USE DETERMINES THAT A CLAIMANT DOES NOT HAVE LEGAL TITLE TO THE
LAND, THE UNIT OF STATE GOVERNMENT SHALL ISSUE A WRITTEN DENIAL OF THE
CLAIMANT'S CLAIM.

(2) A CLAIMANT WHO IS AGGRIEVED BY THE DENIAL OF A CLAIM UNDER
THIS SECTION MAY FILE AN ACTION IN THE CIRCUIT COURT OF THE JURISDICTION
IN WHICH THE LAND IS LOCATED TO QUIET TITLE TO THE LAND.

(F)     A CLAIM UNDER THIS SECTION IS BARRED UNLESS THE CLAIMANT FILES
THE CLAIM WITHIN 20 YEARS AFTER THE DATE THAT THE UNIT OF STATE
GOVERNMENT OBTAINS A CERTIFICATE OF RESERVATION FOR PUBLIC USE OF THE
LAND.

- 2431 -

 

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Session Laws, 2003
Volume 799, Page 2431   View pdf image
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