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Session Laws, 1973, Special Session
Volume 710, Page 741   View pdf image
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MARVIN MANDEL, Governor                                      741

DEVISING BY WILL OR PROHIBIT THE DESCENDENTS OF ANY
LESSEE, HIS HEIRS, OR NEXT OF KIN, FROM INHERITING
RIGHTS BY THE OPERATION OF THE LAWS OF DESCENT AND
DISTRIBUTION. IF AN EXISTING LEASE DOES NOT PROVIDE
FOR RENEWAL, THE DEPARTMENT MAY GRANT RENEWAL WHEN THE
LEASE TERMINATES UNLESS GOOD CAUSE TO THE CONTRARY IS
SHOWN. HOWEVER, A PERSON MAY NOT LEASE MORE ACREAGE
THAN NOW AUTHORIZED BY LAW REGARDLESS OF THE MANNER IN
WHICH THE LEASE OR THE RIGHTS UNDER THE LEASE ARE
OBTAINED.

(C)    SUBMERGED LANDS NOT LEASABLE. - A LEASE MAY
NOT BE GRANTED FOR ANY OF THE FOLLOWING SUBMERGED
AREAS OF THE STATE, AND A PERSON MAY NOT ACQUIRE BY
LEASE, ASSIGNMENT, APPROPRIATION, OR OTHERWISE ANY OF
THE ENUMERATED AREAS: ANY AREA BENEATH ANY CREEK,
COVE, BAY, OR INLET LESS THAN 300 FEET WIDE AT ITS
MOUTH AT MEAN LOW TIDE; ANY NATURAL OYSTER OR NATURAL
CLAM BAR AS DEFINED IN THIS SUBTITLE; ANY AREA WITHIN
150 FEET OF ANY NATURAL OYSTER OR NATURAL CLAM BAR;
ANY AREA WITHIN 600 FEET OF ANY NATURAL OYSTER OR CLAM
BAH; ANY CLAM BED AS DEFINED BY THE CHARTS OF THE
OYSTER SURVEY OF 1906 TO 1912 AND ITS AMENDMENTS. ANY
LEASE GRANTED IN VIOLATION OF THE PROVISIONS OF THIS
SUBSECTION IS NULL AND VOID AND THE LAND DESCRIBED IN
THE LEASE SHALL REVERT TO THE STATE AS THOUGH A LEASE
HAD NOT BEEN MADE.

(D)    AMOUNT OF LAND LEASABLE. - A LEASED OYSTER
BOTTOM SHALL BE AS RECTANGULARLY SHAPED AS POSSIBLE.
A TRACT OR PARCEL OF LAND MAY NOT BE LEASED IN ANY OF
THE FOLLOWING WATERS IF IT FALLS SHORT OF THE MINIMUM
AREA OR EXCEEDS THE MAXIMUM AREA SPECIFIED BELOW:

WATERS OF THE CHESAPEAKE BAY

LYING OUTSIDE COUNTY

WATERS..........5 ACRES TO 500 ACRES

TANGIER SOUND.......1 ACRE TO 100 ACRES

WORCESTER COUNTY ...... 1 ACRE TO 50 ACRES
ALL OTHER COUNTIES .... 1 ACRE TO 30 ACRES

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 708 (a) of the Code.
New language derived from Article 66C,
section 708 (e) is added to indicate that
only residents may lease and that
corporations and joint stock companies may
not lease. In addition, new language is

 

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Session Laws, 1973, Special Session
Volume 710, Page 741   View pdf image
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