§ 28.2-601 Riparian assignments; entitlements; obligations
The riparian leaseholder shall have the exclusive right to the use of such ground for planting or gathering oysters and clams. The assignment made pursuant to § 28.2-600 shall pass with the transfer of the adjacent highland to the subsequent owner of highland and cannot be held separated from the highland. A transfer of highland ownership shall require a transfer of the riparian assignment within 18 months after the transfer of the highland ownership under the following conditions:
1. The application for transfer shall be in the form prescribed by the Commission and shall be filed with the Commissioner.
2. The Commissioner shall require a new survey if there is not a survey of the exact parcel or parcels of grounds to be transferred.
3. The cost of any new surveys required under this section shall be borne by the person making the transfer, and the cost and fees shall be the same as for surveys of general oyster-planting ground.
4. The application shall be accompanied by a transfer fee of $5.
5. The Commissioner shall return the approved application for transfer and plat with any correction to the applicant. A copy of the transfer and plat shall be recorded at the Commissioner’s office.
6. If no application for transfer is received by the Commissioner within 18 months after the transfer of the highland ownership, the riparian assignment shall become vacant and open to assignment.
History
The record of this law’s original creation isn’t available online. It has been modified 13 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 586; in 1958, chapter 184; in 1960, chapter 517; in 1962, chapter 406; in 1964, chapter 393; in 1968, chapter 747; in 1972, chapter 644; in 1976, chapter 256; in 1978, chapter 548; in 1984, chapters 100, 244, and 259; in 1986, chapter 168; in 1992, chapter 836; in 2023, chapters 743 and 786.
Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836; 2023, cc. 743, 786.