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§ 13-407. Declaratory relief

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 13. Land Patents (Refs & Annos)
Subtitle 4. Objections, Hearings, and Determination (Refs & Annos)
MD Code, Real Property, § 13-407
§ 13-407. Declaratory relief
Currentness
Bill of complaints for 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 the largest portion of the land described in the warrant is located. The bill of complaint shall seek declaratory relief under Title 3, Subtitle 4 of the Courts Article, the Maryland Uniform Declaratory Judgments Act.
Service on Commissioner
(b) Immediately after suit is filed, the applicant also shall serve the Commissioner by mail with a copy of the complaint.
Participation of Commissioner
(c)(1) After service is made on the Commissioner, the Commissioner shall forward to the court a certified copy of any endorsed duplicate certificates and statements of valuation returned to the Commissioner under § 13-313 of this title.
(2) In the court action, the Commissioner is entitled to:
(i) Be heard;
(ii) Request consolidation of any of the objections filed in the proceeding;
(iii) Submit a written statement within a time deemed reasonable by the court; and
(iv) Seek intervention under the Maryland Rules.
Judgment of court
(d) The court shall render its judgment as provided in § 3-408.1 of the Courts and Judicial Proceedings Article. A copy of the judgment and any supporting opinion shall be sent to:
(1) The Commissioner, for administrative implementation according to the court's declaration; and
(2) The clerk of the circuit court for each other county in which any portion of the land is located.

Credits

Added by Acts 1976, c. 915, § 3, eff. July 1, 1976. Amended by Acts 1984, c. 286, § 5.
MD Code, Real Property, § 13-407, MD REAL PROP § 13-407
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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