§ 18-3-106. DECLARATION OF ROAD AS PUBLIC HIGHWAY.

(a)

Authority. When any road has been in use by the public for 20 years, though the same may never have been condemned or granted as a public highway, the county, if it deems public necessity requires the adoption of the same as such, shall declare the road to be a public highway, provided such road right-of-way shall not be less than 30 feet in width.

(b)

Publication. The county shall publish a notice of the county's intention under this section once a week for 2 successive weeks in at least one newspaper of general circulation.

(c)

Plat recorded. The county shall cause a description and plat of the public highway to be made and recorded or filed among the county's records.

(d)

Alterations and maintenance. The county may relocate and straighten a road declared a public highway under this section and shall keep the public highway in good order and repair in a manner similar to other county public highways.

(1988 Code, § 31-6) (Bill No. 3, § 2, 3-30-1990; Bill No. 66-01, § 2, 7-1-2004)

Annotation:
  Sec. 33 of the Art. 3 of the Maryland Constitution does not prohibit legislative enactment of law declaring highway in Baltimore County less than thirty feet wide to be public highway. Willis v. County Commissioners of Baltimore County, 173 Md. 28.