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RULE 12-213. BOARD OF PROPERTY REVIEW PROCEDURE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 200. Condemnation
MD Rules, Rule 12-213
RULE 12-213. BOARD OF PROPERTY REVIEW PROCEDURE
Currentness
(a) Scope. This Rule applies to all actions under Code, Transportation Article, Title 8, Subtitle 3 that are certified to a board of property review.
Cross reference: The property review board procedure applies to acquisitions by condemnation by the State Roads Commission under Code, Transportation Article, Title 8, Subtitle 3.
(b) Plats and Maps. In addition to any other requirements, plats and maps that are to be filed with the clerk of the court in proceedings subject to this Rule shall (1) state the amount of land sought to be taken, (2) refer to an existing permanent marker or monument outside the land sought to be taken from each owner, and (3) define and show the land sought to be taken from each owner so that its area may be computed with substantial accuracy from the plat or map.
Cross reference: See Code, Transportation Article, § 8-321.
(c) Certificate to Board.
(1) Filing. No later than six calendar months after the plats or maps referred to in section (b) of this Rule have been filed with the clerk of court as provided by law, a party may have the action referred to the board by filing a written notice to that effect with the clerk of the court.
(2) Duty of Clerk. Upon the filing of the notice, the clerk shall certify the action promptly to the board by sending all pleadings and exhibits and a certified copy of the docket entries to the chairman of the board.
(d) Hearing.
(1) Date. The board shall hear the action promptly but in no event later than three months after the filing of the notice of referral. Priority shall be given to an action involving a residence or commercial building.
(2) Notice. The board shall give each party at least ten days written notice of the date, time, and place of the hearing.
(3) Conduct--In General. The hearing may be conducted in an informal manner, and the board is not bound by the rules of evidence or procedure, except as provided in this Rule.
(4) Rights of Parties. Each party has the right to be represented by counsel, to introduce evidence, to cross-examine, and to make oral argument upon the evidence.
(5) View. Unless waived in writing by all parties, the board shall view the property in question before taking testimony.
(6) Witnesses to Be Sworn. Witnesses shall be sworn by a member of the board or by some other person authorized to administer oaths.
(e) Award. As soon as practicable but in no event more than 30 days after the conclusion of the hearing, the board shall file with the clerk of the court a written award that explains the basis of its decision. The board shall serve the award pursuant to Rule 1-321 and file proof of service pursuant to Rule 1-323.
(f) Case Unheard or Undetermined. If the board has not heard the action within three months after the filing of the notice of referral or if the board has not filed a copy of its award with the clerk of the court within 30 days after the conclusion of the hearing, any party may serve upon the chairman of the board a written request that the board relinquish jurisdiction of the action. Upon service of the request, the board shall return to the clerk of the court the pleadings and exhibits in the action, and the case shall proceed as if notice of dissatisfaction with an award of the board was given.
(g) Dissatisfaction With Award.
(1) Notice--Time. Within 30 days after the filing of the award of the board with the clerk of the court, any dissatisfied party may file written notice of dissatisfaction with the clerk of the court.
(2) Plaintiff's Duty to File Complaint. Unless it has already done so, the condemning party shall file a complaint for condemnation within 30 days after the filing of notice of dissatisfaction. Except as provided in subsection (3) of this section, the action shall proceed thereafter as if the matter had never been certified to the board.
(3) Extension of Time to File Description. For good cause, the court may extend the time for filing the description required to be filed with the complaint for a period, not to exceed 90 days from the date of the filing of the complaint for condemnation, as may be just.
Cross reference: Code, Real Property Article, § 12-101 and Transportation Article, §§ 8-318 through 8-331.
Source: This Rule is derived from former Rule U27.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]
MD Rules, Rule 12-213, MD R PROP ACT Rule 12-213
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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