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Home » US Law » 2022 Maryland Statutes » Real Property » Title 13 - Land Patents » Subtitle 4 - Objections, Hearings, and Determination

Section 13-401 – Objections to Grant of Patent — Who May Object

    The following persons may file an objection to the granting of a patent for all or any portion of the land described in the application:         (1)    Any person or governmental body with prior title to any portion of the land, except that, if the land is land for which a patent never has been issued, the […]

Section 13-402 – Objections to Grant of Patent — Manner and Time of Objection

    (a)    Each objection in a proceeding shall be filed with the Commissioner:         (1)    After the filing of the application for a warrant; and         (2)    Within the later to occur of:             (i)    Six months after the issuance of the warrant; or             (ii)    60 days after the surveyor returns the certificate of survey under this title.     (b)    Each objection shall be in writing […]

Section 13-404 – Notices

    (a)    Any person, governmental body, or agency that files an objection under this subtitle becomes a party to the proceeding as of the date the objection is filed. After that date, the Commissioner and each party to the proceeding shall give the objector notice of any action taken by them in connection with the proceeding.     (b)    Any […]

Section 13-405 – Determination of Forum

    (a)    Except as otherwise provided in this section, the Commissioner shall hold a hearing under § 13-406 of this subtitle to determine whether to issue a patent to the applicant.     (b)    (1)    Within 30 days after the expiration of the period for filing objections, any party to the proceeding may request the Commissioner in writing for referral of […]

Section 13-406 – Hearing Before Commissioner

    (a)    If, under § 13-405 of this subtitle, the proceeding is set for a hearing before the Commissioner, the Commissioner shall hold the hearing in accordance with the Administrative Procedure Act as soon as practicable within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle.     (b)    Objections filed in the proceeding may […]

Section 13-407 – Declaratory Relief

    (a)    If, under § 13-405 of this subtitle, the proceeding is to be referred to the circuit court for declaratory relief, then, within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle, the applicant shall file a bill of complaint in equity in the circuit court for the county in which […]

Section 13-408 – Determination on Application and Objections

    (a)    (1)    If the Commissioner or the circuit court, as the case may be, determines that the applicant has failed to comply with the requirements of this title, the final judgment of the Commissioner or the court shall dismiss the application and terminate the proceedings on it.         (2)    If an objection is filed under this subtitle and the […]

Section 13-409 – Notice of Determination to Issue Patent and Amounts Owed

    (a)    If the Commissioner determines that a patent should be issued, he shall certify his final judgment to the applicant and the parties to the proceeding. In addition, if either the Commissioner or the circuit court determines that a patent should be issued, the Commissioner shall mail to the applicant a notice:         (1)    Of the purchase price […]

Section 13-410 – Judicial Review

    (a)    (1)    If the proceeding is heard by the Commissioner under § 13-406 of this subtitle, the final judgment of the Commissioner may be appealed as provided by the Administrative Procedure Act.         (2)    If the proceeding is referred to the circuit court for declaratory relief under § 13-407 of this subtitle, the final judgment of the court may […]

Section 13-411 – Abandonment of Proceedings

    The Commissioner shall enter an order of abandonment if:         (1)    A bill of complaint required by § 13-407 of this subtitle is not filed in the time required by that section; or         (2)    The applicant fails to pay to the State the purchase price for any vacant land and all outstanding expenses within the time specified by […]

Section 13-412 – Subsequent Application for Patent on Prior Certificate

    (a)    (1)    If an objection by a person claiming ownership under § 13-401(2) of this subtitle is sustained under § 13-408(a)(2) of this subtitle, then, within 60 days after entry of the final judgment sustaining the objection, the objector may apply under the previously returned certificate of survey for a patent for any of the vacant land […]

Section 13-413 – Expenses Are Debt to State; Bad Faith Fees and Costs

    (a)    Any expenses owed under this title constitute a debt to the State, owed by:         (1)    The applicant for a warrant under Subtitle 3 of this title; or         (2)    If a subsequent application for a patent is filed under § 13-412 of this subtitle, the new applicant.     (b)    (1)    If a proceeding terminates other than with the issuance of a […]