§ 7-104. Lands dedicated to public use; abandonment of subdivision.

(a)

When said plats are recorded, those portions of said land designated on said plats as streets, roads, avenues, lanes, alleys, and public parks or squares shall be and the same are hereby declared to be forever dedicated to public use and shall not thereafter, on any pretext whatsoever, be altered or taken for private use; provided, however, that nothing herein contained shall affect the right of any person or persons owning or claiming any interest in said land derived by, from, or under any persons other than the maker of said plat, or by, from, or under such maker prior to such subdivision; and provided further, that the maker of any such plat or plats, his heirs or assigns, shall have the right to apply by petition for leave to abandon the subdivision of lands so made by him. For property within that part of the Maryland-Washington Regional District within Prince George's County, Maryland, as described in Article 28 of the Annotated Code of Maryland, the petition shall be to the Prince George's County Planning Board for vacating the plat or plats, or portions thereof, in conformance with the provisions for same contained within Subtitle 24 of this Code. In the case of subdivisions outside that part of the Maryland-Washington Regional District in Prince George's County, petitions shall be to the agency designated by the municipality pursuant to the provisions of the local municipal ordinance providing for the vacating of subdivision plats.

(b)

If the County Executive, upon recommendation of the Director of the Department of Public Works and Transportation, determines that any such street, road, avenue, lane, alley, or public park or square, including any such previously dedicated area, is no longer needed for such public use, the County Executive may declare such area to be free from public dedication and, subject to the rights of utilities having facilities within said area or to any bona fide action for adverse possession brought by an adjacent property owner, such dedication shall revert to the adjacent property owners at the completion of said declaration action, and the owners' acceptance thereof. Upon the County Executive's declaration that the area is free from public dedication, a petition shall be made to the Planning Board for vacating the plat or plats, or portion thereof, in conformance with the provisions for same contained within Subtitle 24 of this Code.

(c)

Upon approval by the appropriate agency and delivery of a certified copy to the clerk, the clerk of the circuit court shall endorse on the plat affected hereby, the dates of approval by the Prince George's County Planning Board or the municipal agency authorized to vacate plats or portions thereof, and a notation that the plat has been vacated.

(Laws, 1908, ch. 619, Sec. 85 G; PLL 1912, Art. 17, Sec. 159; PLL 1930, Art. 17, Sec. 219; 1943 Code, Sec. 257; 1953 Code, Sec. 308; Laws 1957, ch. 693; PLL 1963, Sec. 12-32; CB-57-1981; CB-80-1994)