Rule 12-204 - Acquisition of Cemetery(a)Notice by Publication Before Filing Complaint. Before filing a complaint for condemnation of property used as a cemetery, the plaintiff shall give notice by publication in a newspaper of general circulation in each county where any part of the property is located.(b) Contents of Notice. The notice shall contain the following information:(1) the name of the plaintiff,(2) an identification of the cemetery and a description of the part that is sought to be condemned,(3) the purpose for which the property is sought to be condemned, and(4) the name of the court in which the complaint is to be filed.(c)Time of Publication. The notice shall be published at least once a week for three successive weeks, and the last publication shall be made at least seven days before the filing of a complaint.(d)Proof of Publication. The plaintiff shall file a certificate of publication as an exhibit to the original complaint.(e)Effect of Failure to Publish. If it appears to the court at any time before entry of judgment that there has been a failure to comply with the provisions of this Rule, the court shall suspend further proceedings in the action until publication is made and may order any other means of notice that it deems appropriate in the circumstances. No objection based on failure to comply with this Rule shall be made after final judgment.Md. R. Prop. Act'n 12-204
This Rule is in part derived from former Rule U5 and in part new.
Adopted June 5, 1996, eff. 1/1/1997.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure U5, revised May 22, 1963, eff. June 1, 1963, related to acquisition of cemeteries, rescinded June 5, 1996, eff. Jan. 1, 1997.
Committee note: The notice required by this Rule is not a substitute for process pursuant to Chapter 100 of Title 2 of these Rules.