§ 13-106. Certificate of reservation for public use

   (a) In general. --

   (1) A governmental body may reserve vacant land or abandoned land by obtaining from the Commissioner a certificate of reservation for public use.

   (2) Except as otherwise provided, the provisions of this title applicable to the granting of land patents are applicable to the granting of certificates of reservation.

(b) Approval by Board of Public Works required. --

   (1) In order to reserve vacant land or abandoned 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) Precedence of application. --

   (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may order a governmental body to pay the reasonable expenses of a person whose application for a patent has been superseded.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) When no hearing required. -- 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) Certificate remains in effect; transfer of certificate. --

   (1) A certificate of reservation remains in effect:

      (i) 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; or

      (ii) With respect to abandoned land, until a unit of State government or a court of competent jurisdiction determines that a person who has claimed legal title to the land has established legal title to the land.

   (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.

HISTORY: 1993, ch. 290; 2003, ch. 334.