MARVIN MANDEL, Governor                                 743

Article 66C, section 708 (e) is proposed for
deletion because its substance appears in
proposed section 4—1108(a).

The only other changes made are in style.

4-1109. APPLICATION FOR LEASE FOR SUBMERGED LANDS;
FEES; PROTEST AGAINST LEASE; FEES; SURVEY.

(A) APPLICATION. - ANY PERSON WISHING TO LEASE
SUBMERGED LANDS OF THE STATE SHALL APPLY TO THE
DEPARTMENT FOR A BLANK APPLICATION FORM. THE
APPLICANT SHALL INDICATE ON THE APPLICATION HIS PLACE
OF RESIDENCE, THE ESTIMATED AREA OF THE SUBMERGED LAND
FOR WHICH A LEASE IS SOUGHT, AND A DETAILED
DESCRIPTION OF THE LOCATION OF THE LAND. THE
APPLICANT PRIOR TO FILING THE APPLICATION WITH THE
DEPARTMENT SHALL MARK THE AREA APPLIED FOR WITH AT
LEAST ONE STAKE BEARING HIS NAME.

(B) FEES; ADVERTISEMENT. - UPON RECEIVING THE
APPLICATION AND A $25 APPLICATION FEE TO COVER
ADVERTISING COSTS, THE DEPARTMENT SHALL ADVERTISE THE
APPLICATION ONCE A WEEK FOR FOUR SUCCESSIVE WEEKS IN A
NEWSPAPER PUBLISHED IN EVERY COUNTY. THE
ADVERTISEMENT SHALL DESCRIBE THE LOCATION OF THE AREA
APPLIED FOR, THE LOCATION OF THE STAKE MARKER, AND
GIVE THE NAME AND RESIDENCE OF THE APPLICANT. THE
DEPARTMENT MAY NOT ISSUE ANY LEASE UNLESS IT
ADVERTISES IN THIS MANNER. THE APPLICATION FEE SHALL
REMAIN WITH THE DEPARTMENT UNTIL FINAL DISPOSITION OF
THE APPLICATION. IF AN APPLICANT IS NOT GRANTED A
LEASE FOR ANY REASON THE APPLICATION FEE SHALL BE
RETURNED TO THE APPLICANT.

(C) PROTEST AGAINST LEASE. - WITHIN 30 DAYS OF
THE PUBLICATION OF THE LAST ADVERTISEMENT, ANY THREE
OR MOPE RESIDENTS OF THE STATE MAY FILE A WRITTEN
PROTEST AGAINST AN APPLICANT IN THE CIRCUIT COURT OF
THE COUNTY IN WHICH THE AREA APPLIED FOR IS LOCATED,
OR IN THE COUNTY NEAREST TO THIS AREA, IF THE AREA TO
BE LEASED LIES IN MORE THAN ONE COUNTY. THE CLERK OF
THE COURT SHALL DOCKET A SUIT AT LAW NAMING THE
PROTESTERS AS PLAINTIFFS AND THE APPLICANT AS
DEFENDANT. THE COURT SHALL PASS AN ORDER DIRECTING A
SUMMONS TO BE ISSUED FOR THE DEFENDANT, TO BE SERVED
IN THE SAME MANNER AS A SUMMONS IN AN ACTION AT LAW
AND RETURNED BY A DAY NAMED IN THE ORDER. THE COURT
SHALL PROCEED PROMPTLY TO HEAR ALL EVIDENCE ADDUCED BY
THE PASTIES AND SHALL DECIDE WHETHER THE AREA
DESCRIBED IN THE PETITION IS WITHIN ANY OF THE