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14.18.01.00.htm 14.18.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 18 STATE ARCHIVES Chapter 01 Certificates of Reservation and Land Patents Authority: State Government Article, §9-1007, Annotated Code of Maryland
14.18.01.01.htm 14.18.01.01. 01 Application for Certificates of Reservation.. All applications for certificates of reservation shall be on forms required by the Commissioner of Land Patents and shall, in the case of a unit of State government, be filed with a copy of the Board of Public Works agenda item approving the request to apply or, in the case of any other governmental body, be filed with a copy of a document from the appropriate authority approving the request to apply. An application may n
14.18.01.02.htm 14.18.01.02. 02 Applications for Warrants to Survey or Resurvey.. A. All applications for warrants to survey or resurvey shall be on forms required by the Commissioner of Land Patents and shall be filed in triplicate with certified copies of documents, where required, attached to each copy. The application shall be accompanied by cash, check, or money order in the amount of $100. An application may not be considered filed until it has been determined complete and in order by the Commiss
14.18.01.03.htm 14.18.01.03. 03 Warrants.. A. Warrants to survey or resurvey shall only be issued to a professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act.B. Warrants to survey or resurvey shall be on forms prescribed by the Commissioner of Land Patents and shall be sent to the surveyor by the Commissioner with a copy of the application attached. The notice of issuance of warrant required by Real Property Article, §13-308 shall be prepared by the Comm
14.18.01.04.htm 14.18.01.04. 04 Surveys.. Upon issuance of a warranty to survey or resurvey, the applicant shall immediately contact the surveyor and shall cooperate with the surveyor in all respects as he may require. Compensation of the surveyor shall be the exclusive responsibility of the applicant, and the Commissioner of Land Patents assumes no responsibility for it.
14.18.01.05.htm 14.18.01.05. 05 Previously Performed Surveys.. A. The Commissioner may accept a previously performed survey upon finding that the surveyor is a qualified professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act, that the survey was conducted in accordance with standards required by the Commissioner, and that adjoining landowners were given written notice of the survey.B. Unless as otherwise provided, the provisions of
14.18.01.06.htm 14.18.01.06. 06 Certificates of Survey.. A. Certificates of survey shall be on forms prescribed by the Commissioner of Land Patents and shall be filed in duplicate.B. The plat required by Real Property Article, §13-310(b)1) shall be filed in duplicate. Both plats shall be submitted on linen sheets or an acceptable equivalent. The signature and seal of the surveyor shall be affixed to to the plats as well as to the certificates of survey.C. Upon receipt of the certificates, plats, and th
14.18.01.07.htm 14.18.01.07. 07 Certificate of Valuation.. A. In providing the statement of the reasons for the valuation as required by Real Property Article, §13-313(b)3) the assessors shall be as specific as possible. Mere statements as "based on sales in the area" are inadequate. Examples of recent sales valuations of similar property should be included in the reasons for the valuation.B. In the case of an application by a governmental body for a certificate of reservation, the Superv
14.18.01.08.htm 14.18.01.08. 08 Objections.. A. Persons entitled to object under Real Property Article, §13-401 shall do so in the manner prescribed under Real Property Article, §13-402, within 6 months after the issuance of the warrant to survey or 60 days after the surveyor's return of the certificate of survey, whichever is later.B. Acceptance of a previously performed survey does not preclude an objector from raising any objection that might otherwise have been raised had the survey been performed pur
14.18.01.09.htm 14.18.01.09. 09 Determination of Forum.. Requests of parties to the proceeding for referral to the circuit court may be made in the manner and within the time required by Real Property Article, §13-405, Annotated Code of Maryland, and the Commissioner's determination of an appropriate forum shall be final.
14.18.01.10.htm 14.18.01.10. 10 Hearings Before Commissioner.. A. This regulation governs hearings on an application for a land patent or a certificate of reservation. To the extent that is practical, as determined by the Commissioner, this regulation also governs other hearings conducted by the Commissioner.B. Location and Date. The hearing shall take place at the State Archives, 350 Rowe Boulevard, Annapolis, Maryland, on the date and at a time specified by the Commissioner. For cause, the Commissioner
14.18.01.11.htm 14.18.01.11. 11 Purchase Price.. A. The purchase price shall be the fair market value of the land, as determined by the Commissioner under Real Property Article, §13-313, as amended by Acts of 1977, Chapter 162, less all expenses of the surveyor, reasonable attorney's fees, and costs charged by the Commissioner. Within 15 days after the hearing, the applicant must submit an account of the expenses deductible by law. Publication costs are not deductible items under current legislation.
14.18.01.12.htm 14.18.01.12. 12 Certificates of Reservation.. In the case of an application for a certificate of reservation, the Commissioner's opinion and findings shall constitute the certificate of reservation and the description of the land provided by the surveyor shall be made an attachment thereto.
14.18.01.13.htm 14.18.01.13. 13 Patents.. After the Commissioner has prepared, sealed, and signed the patent, he shall forward it to the assistant attorney general assigned. The assistant attorney general shall then examine the patent as to form and legal sufficiency, and, if the contents be deemed in order, he shall endorse the patent in the space beneath the Commissioner's signature with the statement, "Approved as to form and legal sufficiency this _ day of _ , 19_ " and affix his sig
14.18.01.14.htm 14.18.01.14. 14 Mail.. In addition to using restricted delivery for mailing the warrant (Real Property Article, §13-306) the notice of issuance of warrant (Real Property Article, §13-308(a) the notice of the return of the certificate of survey (Real Property Article, §13-311(b)2) the order for hearing or order for referral of hearing (Real Property Article, §13-405(c)2) and the notice of purchase price (Real Property Article, §13-409) as required by the Annotated Code of Maryland, the Commissi
14.18.01.15.htm 14.18.01.15. 15 Expenses.. If the Commissioner finds that an applicant for a land patent acted in bad faith and without substantial justification, the Commissioner may require the applicant to pay the reasonable expenses of the objectors, including the objector's attorneys' fees and expert witness fees, and the reasonable expenses of the Commissioner, including administration, research, and hearing expenses.
14.18.01.16.htm 14.18.01.16. 16 General.. A. These procedural regulations are not intended to change any part of the Real Property Article, Title 13, Annotated Code of Maryland. The intention is to clarify certain provisions thereof and to provide an orderly procedure for the granting of certificates of reservation or the issuance of land patents.B. Except as otherwise provided, the provisions of Real Property Article, Title 13, Annotated Code of Maryland, and this chapter applicable to the iss
14.18.01.9999.htm 14.18.01.9999. Administrative History Effective date: October 6, 1978 (5:20 Md. R. 1498). Chapter recodified from COMAR 04.01.01 to 04.20.01 ―. Chapter recodified from COMAR 04.20.01 to 14.18.01 effective June 29, 1987 (14:13 Md. R. 1474). Regulation .04C amended effective June 29, 1987 (14:13 Md. R. 1474). Regulation .08A amended effective June 29, 1987 (14:13 Md. R. 1474) ―. Chapter revised effective July 4, 1994 (21:13 Md. R. 1159).
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