{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-613.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-613.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-613.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-613.html"}],"law_id":80805,"edition_id":1,"section_id":80805,"structure_id":14428,"section_number":"28.2-613","catch_line":"Duration of lease","history":"Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, \u00a7 28.1-109(12); 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; 1996, c. 985; 1997, c. 259; 2019, c. 164.","full_text":"Each assignment of general oyster-planting ground shall continue in force for 10 years from the date of assignment, unless the assignment is terminated. The interest in such ground is chattel real.\n\t\tUpon the death of the renter, testate as to the lease, it shall vest in the named beneficiary subject to the rights of creditors, if he is a resident of this Commonwealth, provided that he files an application for transfer with the Commission within 18 months after the date of death. If the named beneficiary is not a resident he shall have 18 months after the date of death to transfer the lease to a qualified holder.\n\t\tUpon the death of the renter, intestate as to the lease, the lease shall vest in the personal representative, who shall transfer the lease to a qualified holder within 18 months.\n\t\tIf there is no qualification on the renter’s estate within one year of his death, the Commission may within six months thereafter transfer the lease to a qualified holder upon receipt of a transfer duly executed by all of the lawful heirs of the renter.\n\t\tIf there is no transfer under any of the above, the ground shall become vacant and open to assignment.\n\t\tUpon expiration of the initial or any subsequent term of the assignment, the Commission shall, on application of the holder, renew the assignment for an additional 10-year term. The Commission shall not renew or extend an assignment where there has been no significant production of oysters or clams, no reasonable plantings of oysters, clams or cultch or no significant oyster or clam aquaculture operation, during any portion of the 10-year period immediately prior to the application for renewal, unless the Commission finds that there was good cause for the failure to produce or plant oysters, clams or cultch or finds that the assignment is directly related to and beneficial to the production of oyster-planting grounds immediately adjacent to the assignment. In determining whether there was good cause for the failure to produce or plant oysters, clams, or cultch, in addition to other factors, the Commission shall decide whether the renewal is in the public interest considering the factors in subsection A of \u00a7 28.2-1205, the prevalence of the diseases MSX and Dermo, the public benefits and impacts of shellfish aquaculture, and whether the oyster-planting ground has traditionally produced commercial quantities of oysters or clams. The Commission shall set by regulation a fee structure for renewal fees to be paid by applicants. Such fees shall seek to reflect the cost to the Commission of processing the renewal application, but shall not exceed $300.","order_by":null,"text":{"0":{"id":289654,"text":"Each assignment of general oyster-planting ground shall continue in force for 10 years from the date of assignment, unless the assignment is terminated. The interest in such ground is chattel real.\n\t\tUpon the death of the renter, testate as to the lease, it shall vest in the named beneficiary subject to the rights of creditors, if he is a resident of this Commonwealth, provided that he files an application for transfer with the Commission within 18 months after the date of death. If the named beneficiary is not a resident he shall have 18 months after the date of death to transfer the lease to a qualified holder.\n\t\tUpon the death of the renter, intestate as to the lease, the lease shall vest in the personal representative, who shall transfer the lease to a qualified holder within 18 months.\n\t\tIf there is no qualification on the renter’s estate within one year of his death, the Commission may within six months thereafter transfer the lease to a qualified holder upon receipt of a transfer duly executed by all of the lawful heirs of the renter.\n\t\tIf there is no transfer under any of the above, the ground shall become vacant and open to assignment.\n\t\tUpon expiration of the initial or any subsequent term of the assignment, the Commission shall, on application of the holder, renew the assignment for an additional 10-year term. The Commission shall not renew or extend an assignment where there has been no significant production of oysters or clams, no reasonable plantings of oysters, clams or cultch or no significant oyster or clam aquaculture operation, during any portion of the 10-year period immediately prior to the application for renewal, unless the Commission finds that there was good cause for the failure to produce or plant oysters, clams or cultch or finds that the assignment is directly related to and beneficial to the production of oyster-planting grounds immediately adjacent to the assignment. In determining whether there was good cause for the failure to produce or plant oysters, clams, or cultch, in addition to other factors, the Commission shall decide whether the renewal is in the public interest considering the factors in subsection A of \u00a7 28.2-1205, the prevalence of the diseases MSX and Dermo, the public benefits and impacts of shellfish aquaculture, and whether the oyster-planting ground has traditionally produced commercial quantities of oysters or clams. The Commission shall set by regulation a fee structure for renewal fees to be paid by applicants. Such fees shall seek to reflect the cost to the Commission of processing the renewal application, but shall not exceed $300.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14428,"edition_id":1,"name":"General Oyster-Planting Grounds","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13588,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":191489,"object_type":"structure","relational_id":14428,"identifier":"2","token":"28.2\/II\/6\/2","url":"\/28.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13588,"edition_id":1,"name":"Planting Grounds","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":191473,"object_type":"structure","relational_id":13588,"identifier":"6","token":"28.2\/II\/6","url":"\/28.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56169,"structure_id":14428,"section_number":"28.2-603","catch_line":"General oyster planting grounds","url":"\/28.2-603\/","token":"28.2\/II\/6\/2\/28.2-603","metadata":false},{"id":56624,"structure_id":14428,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","url":"\/28.2-603.1\/","token":"28.2\/II\/6\/2\/28.2-603.1","metadata":false},{"id":67272,"structure_id":14428,"section_number":"28.2-603.2","catch_line":"Commissioner to provide notice","url":"\/28.2-603.2\/","token":"28.2\/II\/6\/2\/28.2-603.2","metadata":false},{"id":77807,"structure_id":14428,"section_number":"28.2-604","catch_line":"Eligible applicants","url":"\/28.2-604\/","token":"28.2\/II\/6\/2\/28.2-604","metadata":false},{"id":64228,"structure_id":14428,"section_number":"28.2-605","catch_line":"Application for assignment","url":"\/28.2-605\/","token":"28.2\/II\/6\/2\/28.2-605","metadata":false},{"id":57279,"structure_id":14428,"section_number":"28.2-606","catch_line":"Notice of application","url":"\/28.2-606\/","token":"28.2\/II\/6\/2\/28.2-606","metadata":false},{"id":83801,"structure_id":14428,"section_number":"28.2-607","catch_line":"Survey and marking of ground","url":"\/28.2-607\/","token":"28.2\/II\/6\/2\/28.2-607","metadata":false},{"id":62276,"structure_id":14428,"section_number":"28.2-608","catch_line":"Application, surveying, and recording fees","url":"\/28.2-608\/","token":"28.2\/II\/6\/2\/28.2-608","metadata":false},{"id":75529,"structure_id":14428,"section_number":"28.2-609","catch_line":"Restrictions on assigned acreage and applications","url":"\/28.2-609\/","token":"28.2\/II\/6\/2\/28.2-609","metadata":false},{"id":64171,"structure_id":14428,"section_number":"28.2-610","catch_line":"Restriction on acreage owned or operated","url":"\/28.2-610\/","token":"28.2\/II\/6\/2\/28.2-610","metadata":false},{"id":72847,"structure_id":14428,"section_number":"28.2-611","catch_line":"Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental","url":"\/28.2-611\/","token":"28.2\/II\/6\/2\/28.2-611","metadata":false},{"id":75126,"structure_id":14428,"section_number":"28.2-612","catch_line":"Payment of annual rental; penalty for default","url":"\/28.2-612\/","token":"28.2\/II\/6\/2\/28.2-612","metadata":false},{"id":80805,"structure_id":14428,"section_number":"28.2-613","catch_line":"Duration of lease","url":"\/28.2-613\/","token":"28.2\/II\/6\/2\/28.2-613","metadata":false},{"id":79543,"structure_id":14428,"section_number":"28.2-614","catch_line":"Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey","url":"\/28.2-614\/","token":"28.2\/II\/6\/2\/28.2-614","metadata":false},{"id":55790,"structure_id":14428,"section_number":"28.2-615","catch_line":"Payment of costs for service, etc","url":"\/28.2-615\/","token":"28.2\/II\/6\/2\/28.2-615","metadata":false},{"id":58866,"structure_id":14428,"section_number":"28.2-616","catch_line":"Possession gives no preference as to assignment","url":"\/28.2-616\/","token":"28.2\/II\/6\/2\/28.2-616","metadata":false},{"id":71612,"structure_id":14428,"section_number":"28.2-617","catch_line":"Recordation of plat","url":"\/28.2-617\/","token":"28.2\/II\/6\/2\/28.2-617","metadata":false},{"id":83766,"structure_id":14428,"section_number":"28.2-618","catch_line":"(Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing","url":"\/28.2-618\/","token":"28.2\/II\/6\/2\/28.2-618","metadata":false},{"id":69842,"structure_id":14428,"section_number":"28.2-619","catch_line":"When leases become vacant","url":"\/28.2-619\/","token":"28.2\/II\/6\/2\/28.2-619","metadata":false},{"id":75737,"structure_id":14428,"section_number":"28.2-620","catch_line":"Delinquent ground","url":"\/28.2-620\/","token":"28.2\/II\/6\/2\/28.2-620","metadata":false},{"id":71187,"structure_id":14428,"section_number":"28.2-621","catch_line":"Effect of proposal for navigation project","url":"\/28.2-621\/","token":"28.2\/II\/6\/2\/28.2-621","metadata":false},{"id":62437,"structure_id":14428,"section_number":"28.2-622","catch_line":"Consolidation of lease","url":"\/28.2-622\/","token":"28.2\/II\/6\/2\/28.2-622","metadata":false}],"previous_section":{"id":75126,"structure_id":14428,"section_number":"28.2-612","catch_line":"Payment of annual rental; penalty for default","url":"\/28.2-612\/","token":"28.2\/II\/6\/2\/28.2-612","metadata":false},"next_section":{"id":79543,"structure_id":14428,"section_number":"28.2-614","catch_line":"Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey","url":"\/28.2-614\/","token":"28.2\/II\/6\/2\/28.2-614","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-613\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s 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 1996, chapter 985<\/a>; in 1997, chapter 259<\/a>; in 2019, chapter 164<\/a>.<\/p>","references":[{"id":56624,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","order_by":null,"url":"\/28.2-603.1\/"},{"id":83766,"section_number":"28.2-618","catch_line":"(Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing","order_by":null,"url":"\/28.2-618\/"}],"refers_to":[{"id":77192,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","order_by":null,"url":"\/28.2-1205\/"}],"permalink":{"id":191539,"object_type":"law","relational_id":80805,"identifier":"28.2-613","token":"28.2\/II\/6\/2\/28.2-613","url":"\/28.2-613\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-613\/","token":"28.2\/II\/6\/2\/28.2-613","dublin_core":{"Title":"Duration of lease","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-613","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Each assignment of general oyster-planting ground shall continue in force for 10 years from the date of assignment, unless the assignment is terminated. The interest in such ground is chattel real.\n\t\tUpon the death of the renter, testate as to the lease, it shall vest in the named beneficiary subject to the rights of creditors<\/span>, if he is a resident<\/span> of this Commonwealth, provided that he files an application for transfer with the Commission<\/span> within 18 months after the date of death. If the named beneficiary is not a resident<\/span> he shall have 18 months after the date of death to transfer the lease to a qualified holder.\n\t\tUpon the death of the renter, intestate as to the lease, the lease shall vest in the personal representative, who shall transfer the lease to a qualified holder within 18 months.\n\t\tIf there is no qualification on the renter’s estate within one year of his death, the Commission<\/span> may within six months thereafter transfer the lease to a qualified holder upon receipt of a transfer duly executed by all of the lawful heirs of the renter.\n\t\tIf there is no transfer under any of the above, the ground shall become vacant and open to assignment.\n\t\tUpon expiration of the initial or any subsequent term of the assignment, the Commission<\/span> shall, on application of the holder, renew the assignment for an additional 10-year term. The Commission<\/span> shall not renew or extend an assignment where there has been no significant production of oysters or clams, no reasonable plantings of oysters, clams or cultch or no significant oyster or clam aquaculture operation, during any portion of the 10-year period immediately prior to the application for renewal, unless the Commission<\/span> finds that there was good cause for the failure to produce or plant oysters, clams or cultch or finds that the assignment is directly related to and beneficial to the production of oyster-planting grounds immediately adjacent to the assignment. In determining whether there was good cause for the failure to produce or plant oysters, clams, or cultch, in addition to other factors, the Commission<\/span> shall decide whether the renewal is in the public interest considering the factors in subsection A of \u00a7 28.2-1205<\/a>, the prevalence of the diseases MSX and Dermo, the public benefits and impacts of shellfish<\/span> aquaculture, and whether the oyster-planting ground has traditionally produced commercial quantities of oysters or clams. The Commission<\/span> shall set by regulation a fee structure for renewal fees to be paid by applicants. Such fees shall seek to reflect the cost to the Commission<\/span> of processing the renewal application, but shall not exceed $300.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDURATION OF LEASE (\u00a7 28.2-613)\n\nEach assignment of general oyster-planting ground shall continue in force for 10\nyears from the date of assignment, unless the assignment is terminated. The\ninterest in such ground is chattel real.\n\t\tUpon the death of the renter, testate as to the lease, it shall vest in the\nnamed beneficiary subject to the rights of creditors, if he is a resident of\nthis Commonwealth, provided that he files an application for transfer with the\nCommission within 18 months after the date of death. If the named beneficiary is\nnot a resident he shall have 18 months after the date of death to transfer the\nlease to a qualified holder.\n\t\tUpon the death of the renter, intestate as to the lease, the lease shall vest\nin the personal representative, who shall transfer the lease to a qualified\nholder within 18 months.\n\t\tIf there is no qualification on the renter’s estate within one year of\nhis death, the Commission may within six months thereafter transfer the lease to\na qualified holder upon receipt of a transfer duly executed by all of the lawful\nheirs of the renter.\n\t\tIf there is no transfer under any of the above, the ground shall become vacant\nand open to assignment.\n\t\tUpon expiration of the initial or any subsequent term of the assignment, the\nCommission shall, on application of the holder, renew the assignment for an\nadditional 10-year term. The Commission shall not renew or extend an assignment\nwhere there has been no significant production of oysters or clams, no\nreasonable plantings of oysters, clams or cultch or no significant oyster or\nclam aquaculture operation, during any portion of the 10-year period immediately\nprior to the application for renewal, unless the Commission finds that there was\ngood cause for the failure to produce or plant oysters, clams or cultch or finds\nthat the assignment is directly related to and beneficial to the production of\noyster-planting grounds immediately adjacent to the assignment. In determining\nwhether there was good cause for the failure to produce or plant oysters, clams,\nor cultch, in addition to other factors, the Commission shall decide whether the\nrenewal is in the public interest considering the factors in subsection A of \u00a7\n28.2-1205, the prevalence of the diseases MSX and Dermo, the public benefits and\nimpacts of shellfish aquaculture, and whether the oyster-planting ground has\ntraditionally produced commercial quantities of oysters or clams. The Commission\nshall set by regulation a fee structure for renewal fees to be paid by\napplicants. Such fees shall seek to reflect the cost to the Commission of\nprocessing the renewal application, but shall not exceed $300.\n\nHISTORY: Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,\nc. 406, \u00a7 28.1-109(12); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644;\n1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836;\n1996, c. 985; 1997, c. 259; 2019, c. 164.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}