(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.
(b) Immediately after suit is filed, the applicant also shall serve the Commissioner by mail with a copy of the complaint.
(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.
(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.
Structure Maryland Statutes
Subtitle 4 - Objections, Hearings, and Determination
Section 13-401 - Objections to Grant of Patent -- Who May Object
Section 13-402 - Objections to Grant of Patent -- Manner and Time of Objection
Section 13-403 - Objections to Grant of Patent -- Objector Waives Matters Not Raised
Section 13-405 - Determination of Forum
Section 13-406 - Hearing Before Commissioner
Section 13-407 - Declaratory Relief
Section 13-408 - Determination on Application and Objections
Section 13-409 - Notice of Determination to Issue Patent and Amounts Owed
Section 13-410 - Judicial Review
Section 13-411 - Abandonment of Proceedings
Section 13-412 - Subsequent Application for Patent on Prior Certificate
Section 13-413 - Expenses Are Debt to State; Bad Faith Fees and Costs