§ 13-306. Survey under warrant; previously performed survey

   (a) Commissioner to issue warrant. -- After the application is docketed, the Commissioner promptly shall issue his warrant and mail it to the surveyor named in the application. On return through the post office of the return receipt, the Commissioner shall notify the applicant of the date the surveyor received the warrant.

(b) Previously performed survey. --

   (1) In lieu of a survey conducted under a warrant issued by the Commissioner, the applicant may submit with an application a previously performed survey.

   (2) The Commissioner may accept the previously performed survey upon finding that the surveyor was a qualified professional land surveyor or property line surveyor, that the survey was conducted in accordance with standards prescribed by the Commissioner, and that adjoining landowners of record were given written notice of the survey.

   (3) In determining whether to accept a previously performed survey, the Commissioner may conduct a hearing.

   (4) Acceptance of a previously performed survey does not preclude an objector from raising any objection that might otherwise have been raised had the survey been performed pursuant to a warrant issued by the Commissioner.

(c) Submission of legal description of abandoned land. -- With respect to an application for a certificate of reservation for public use of abandoned land, instead of a survey conducted under a warrant issued by the Commissioner, the applicant may submit a legal description of the land, provided that the legal description of the land is shown on a plat on file in the county land records.

HISTORY: An. Code 1957, art. 21, § 13-106; 1974, ch. 12, § 2; 1976, ch. 915, § 3; 1993, ch. 290; 2000, ch. 525; 2003, ch. 334.