§ 18-3-302. OPENING, ALTERING, RELOCATING, OR CLOSING A ROAD OR ALLEY.

(a)

In general. A person may petition the county to open, alter, relocate, or close a road or alley by filing an application to the county with the County Attorney's office.

(b)

Notice.

(1)

The person seeking to have a new road opened for the public benefit or an old road altered, relocated, or closed shall give notice of the person's intention to petition for the change by:

(i)

Publication in one or more newspapers of general circulation for 3 successive weeks; and

(ii)

Serving a copy of the published notice by certified mail to the property owners of property that abuts the road, unless personal service is not practicable, in which case the notice may be left on the premises with the person in charge of the premises.

(2)

The notice shall set forth:

(i)

The length, location, and termini of the road;

(ii)

The names of the property owners whose property abuts the road; and

(iii)

The date that the petitioner will appear before the County Administrative Officer or the County Administrative Officer's designee and ask for the order on the petition.

(c)

Filing petition and counter petitions.

(1)

On or before the last publication of the notice required under subsection (b) of this section, the person seeking to have a road opened, altered, relocated, or closed shall file with the county:

(i)

The petition;

(ii)

A certificate of publication of the notice required under subsection (b) of this section; and

(iii)

A certificate of service by the person serving the notice as required under subsection (b) of this section.

(2)

A person may file a counter petition or objection to the opening, altering, or closing of the road subject to the petition at any time before the date fixed for the hearing of the petition.

(d)

Hearing and appeal.

(1)

Whether there are objections to the petition or not, on the hearing date provided in the notice required under subsection (b) of this section, the County Administrative Officer or the County Administrative Officer's designee shall:

(i)

Hear the evidence that is offered and decide whether to open, alter, or close the road or alley that is the subject of the petition; and

(ii)

Sign an order based on the decision.

(2)

An aggrieved person affected by the decision of the County Administrative Officer or the County Administrative Officer's designee may appeal the decision to the county Board of Appeals.

(3)

The final decision of the County Administrative Officer or designee shall be presumed correct and the aggrieved person shall have the burden of persuasion to show that the decision was arbitrary, procured by fraud, or otherwise illegal.

(e)

Closure decision final. The action of the County Administrative Officer in directing the road or a portion of the road to be closed is final and forever precludes all persons affected by the decision from claiming compensation or suing the county based on the road closure.

(f)

Applicability to county.

(1)

The county may, at its own initiative and without a petition being filed, open, alter, relocate, or close a county road.

(2)

In order to open alter, relocate, or close a road, the county shall:

(i)

Give notice by publication as provided under subsection (b) of this section; and

(ii)

Follow the hearing and appeal requirements under subsection (c) of this section.

(g)

Petition for construction of the bed of the road.

(1)

The abutting property owner on a road or street may petition the county for construction or reconstruction of the bed of the road or street.

(2)

The abutting property owner on each side of the road or street shall pay one-half of the cost of the road or street, except that the property owner may not be liable for a width exceeding 25 feet for each side of the road or street the property abuts.

(1988 Code, §§ 31-47, 31-49) (Bill No. 3, § 2, 3-30-1990; Bill No. 123-95, § 1, 9-22-1995; Bill No. 49-96, § 18, 7-1-1996; Bill No. 66-01, § 2, 7-1-2004)

Annotations:
  Allan Construction Company, Inc. v. Gerding, 209 Md. 71, 120 A.2d 353 (1956), held that granting a permit to remove the curb at a designated point along a boundary on a county road, to permit access by motor vehicles to and from a service drive to the owner's premises did not constitute an alteration within the meaning of Title 23, § 310 of this code (1948) and that the procedure established for this section need not be followed.
  This section cited as to authority of county in Cityco Realty Co. v. Slaysman, 160 Md. 357, 152 Atl. 278 (1931), upholding validity of one foot reservation by landowner blocking access of another owner to highway.
  Construed in Alan Company v. Gerding, 209 Md. 71, 120 A.2d 354 (1956).