Section 13-413 - Expenses are debt to State; bad faith fees and costs.
§ 13-413. Expenses are debt to State; bad faith fees and costs.
(a) In general.- 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) Notice of expenses to county.-
(1) If a proceeding terminates other than with the issuance of a patent, the Commissioner shall file for record a certified list of any unpaid expenses in the law or equity judgment records for:
(i) The county of this State in which is located the address of the applicant owing these expenses, as that address appears in his application; or
(ii) If that address is not within this State, the county of this State in which is located the largest portion of the land for which the application was made.
(2) When filed, the debt represented by the list has the force and effect of a judgment lien and may be enforced and renewed accordingly.
(c) Bad faith fees and costs.- 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 their attorneys' fees and expert witness fees, and the reasonable expenses of the Commissioner, including administrative, research, and hearing expenses.
[An. Code 1957, art. 21, § 13-114; 1974, ch. 12, § 2; 1976, ch. 915, § 3; 1977, ch. 162; 1993, ch. 290.]