A. When the evidence of occupancy or development does not manifestly conform to the area claimed, a hearing is required to establish the validity of the right claimed. Notice of any hearing shall be given to adjacent occupants, if known, so that all parties in interest may be heard at the hearing.

B. When applications conflict with the same area or portions thereof, a hearing is required to determine the facts and the issue in question. Conflicting claims will be carefully scrutinized and each disputing party will bear the burden of proving facts sufficient to establish the validity of that party’s claim.

C. The party filing an application conflicting with a claim previously filed shall be required to deposit hearing costs in the amount of $50.00. If the conflict is not known at the time of filing, the applicant shall be advised of the conflict as soon as it is known and of the need to deposit the hearing cost deposit at that time.

D. The applicant who, after hearing and determination by the assembly, is determined to have claimed the land of another, shall be the party to bear the cost of the hearing. If such party did not previously deposit such costs, no deed shall be made to that party under this chapter until the cost is paid. Where the depositor is the prevailing party, the hearing costs deposited shall be refunded to the depositor by the clerk.

E. When a Class III preference right is claimed, the applicant shall be required to deposit the fair market value of the land claimed based on the appraisal under HBC 14.14.150. Such deposit shall also be required when an application under another class of preference right is sought but it is determined that the only right available to the applicant is a Class III right.

F. An applicant who receives a deed from the borough under this chapter shall at the applicant’s own cost pay for recording all instruments.