A. Land dedicated to the County for public use. When a record plat contains land dedicated to the County for public use, the dedication must be in perpetuity and must not be altered or taken for private use. However, the person who originally filed the plat, any successor in interest, or the County may petition to abandon any land dedicated under this Section. Abandonment of all or part of the dedicated land may be authorized by:
1. the Council under Section 49-63, if the land has been in public use; or
2. the Board under Section 49-68, if the land has not been in public use.
B. Land dedicated to other public entity. Land dedicated to a public entity other than the County, including the Commission, may be abandoned according to procedures adopted by or applicable to that public entity. (Mont. Co. Code 1965, §17-7; 1894, ch. 622, §60F; 1912, ch. 790, §404; 1970 L.M.C., ch. 7, §1; 1975 L.M.C., ch. 27, §1; 1982 L.M.C., ch. 46, §5; Ord. No. 16-05, §1; Ord. No. 18-19, §2.)
Editor’s note—In Welker v. Strosnider, 22 Md. App. 401, 323 A.2d 626 (1974), it was held that use of a dedicated roadbed as a bicycle path or pedestrian shortcut is not used by the public within the meaning of §§49-67 or 8.4 [formerly 50-15]. Section 8.4 [formerly 50-15] is described in Washington Metropolitan Area Transit Authority v. One Parcel of Land in Montgomery County, 413 F.Supp. 102 (D.Md. 1976). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is interpreted in The Mayor and Council of Rockville v. Greereart, 261 Md. 709, 276 A.2d 642 (1971). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is cited in Small v. State Roads Commission, 246 Md. 646, 229 A.2d 408 (1967). Section 8.4 [formerly §50-15] is also cited in Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959) and Nohowell v. Hall, 218 Md. 160, 146 A.2d 187 (1958).