Section 13-402 - Objections to grant of patent - Manner and time of objection.
§ 13-402. Objections to grant of patent - Manner and time of objection.
(a) When to be filed.- 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) Contents.- Each objection shall be in writing and contain:
(1) The name and address of the objector;
(2) A description of that portion of the land to which the objection applies, referenced to the description contained in the certificate of survey and accompanying plat;
(3) The reasons for the objection;
(4) All available documentary and factual information necessary to support the claim of the objector;
(5) If the objection is made by a person claiming ownership under § 13-401(2) of this subtitle:
(i) The name and current address of each person that has possessed the land under claim of ownership in the manner described in § 13-401(2) of this subtitle;
(ii) The term of each possession; and
(iii) Any physical signs that accompanied each possession; and
(6) If the objection is made by the State or any agency of the State claiming public use under § 13-401(3) of this subtitle:
(i) A statement of the particular public purpose for which the land is required;
(ii) A description of a clear and compelling need for the land;
(iii) The anticipated date when the land will be used for the specified public purpose; and
(iv) A statement of whether the land adjoins any land already held by the objector.
(c) Signature and verification; copies.- Each objection shall be signed and verified by the objector and contain a certification that a copy of the objection was forwarded, at the address on record with the Commissioner, to:
(1) The applicant;
(2) Each other party in the proceeding; and
(3) Each other person entitled to notice under § 13-404(b) of this subtitle.
(d) Amendments.- If any information required by this section is unavailable when the objection is filed, it may be included in an amendment to the objection, if the amendment is filed in advance of any hearing before the Commissioner or any proceeding for declaratory relief.
[An. Code 1957, art. 21, § 13-111; 1974, ch. 12, § 2; 1976, ch. 915, § 3; 1977, ch. 162; 2002, ch. 19, § 10.]