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Session Laws, 1993
Volume 772, Page 1777   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 290

(B)      (1) IN ORDER TO RESERVE VACANT LAND FOR PUBLIC USE, A UNIT OF
STATE GOVERNMENT MUST NOTIFY AND OBTAIN THE APPROVAL OF THE BOARD OF
PUBLIC WORKS.

(2) IF THE BOARD APPROVES THE REQUEST, THE UNIT SHALL
IMMEDIATELY APPLY FOR A CERTIFICATE OF RESERVATION.

(C)      (1) (I) THE APPLICATION OF A GOVERNMENTAL BODY FOR A
CERTIFICATE OF RESERVATION TAKES PRECEDENCE OVER AN APPLICATION OF A
PERSON FOR A PATENT TO ALL OR PART OF THE SAME LAND.

(II) THE APPLICATION OF A UNIT OF STATE GOVERNMENT TAKES
PRECEDENCE OVER THE APPLICATION OF ANY OTHER GOVERNMENTAL BODY.

(2) AS A CONDITION OF GRANTING A CERTIFICATE OF RESERVATION,
THE COMMISSIONER MAY ORDER A GOVERNMENTAL BODY TO PAY THE
REASONABLE EXPENSES OF A PERSON WHOSE APPLICATION FOR A PATENT HAS
BEEN SUPERSEDED.

(D)     IF NO OBJECTION TO AN APPLICATION FOR A RESERVATION OF LAND IS
FILED AND THE COMMISSIONER DETERMINES THAT A VACANCY EXISTS, THE
COMMISSIONER MAY DECIDE THE MATTER WITHOUT HOLDING A HEARING.

(E)      (1) A CERTIFICATE OF RESERVATION REMAINS IN EFFECT UNTIL THE
BOARD OF PUBLIC WORKS OR, IN THE CASE OF A GOVERNMENTAL BODY OTHER
THAN A UNIT OF STATE GOVERNMENT, THE APPROPRIATE LOCAL AUTHORITY
DETERMINES THAT THE LAND IS NO LONGER NEEDED FOR PUBLIC USE BY THE
GOVERNMENTAL BODY AND NOTIFIES THE COMMISSIONER OF THIS
DETERMINATION.

(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.

13-306.

(A)     After the application is docketed, the Commissioner promptly shall issue his
warrant and mail it to the surveyor named in the application. On return through the post
office of the return receipt, the Commissioner shall notify the applicant of the date the
surveyor received the warrant.

(B)      (1) IN LIEU OF A SURVEY CONDUCTED UNDER A WARRANT ISSUED BY
THE COMMISSIONER, THE APPLICANT MAY SUBMIT WITH AN APPLICATION A
PREVIOUSLY PERFORMED SURVEY.

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Session Laws, 1993
Volume 772, Page 1777   View pdf image
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