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§ 28.2-607 Survey and marking of ground

If a protest is not filed in the Commission office within 60 days after posting of the notice of application, the Commissioner shall select a surveyor to survey the grounds and make a plat in duplicate. The surveyor shall forward the plat of survey to the Commissioner. If no protest to the application or surveying of ground is made within 30 days after the plat of survey is recorded in the Commissioner’s office, the ground applied for shall be assigned provided that:

1. The application and assignment complies with all applicable provisions of law and, in the judgment of the Commissioner, the assignment is in the public interest. In making that determination, the Commissioner shall consider (i) the factors set out in subsection A of § 28.2-1205 and (ii) the public benefits and impacts of shellfish aquaculture.

2. All fees and costs and the annual rent have been paid for the lease of the ground. The ground shall be marked at the expense of the applicant. The grounds shall be marked in accordance with Commission regulations for marking oyster grounds.

History

The record of this law’s original creation isn’t available online. It has been modified 14 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 1954, chapter 352; in 1958, chapter 183; in 1960, chapter 517; in 1962, chapter 406; in 1964, chapter 393; in 1966, chapter 684; in 1970, chapter 726; in 1972, chapter 644; in 1973, chapter 14; in 1978, chapters 546 and 548; in 1980, chapters 34 and 609; in 1984, chapter 259; in 1992, chapter 836; in 2019, chapter 164.

Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(6); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836; 2019, c. 164.

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