{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-618.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-618.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-618.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-618.html"}],"law_id":83766,"edition_id":1,"section_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","history":"Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, \u00a7 28.1-109(15); 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; 2017, cc. 365, 529; 2019, c. 735; 2022, cc. 35, 36.","full_text":"The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, including the right to propagate shellfish by whatever legal means necessary, subject to:\n\n1\n\nSection 28.2-613;2\n\nRiparian rights;3\n\nThe right of fishing in waters above the bottoms, provided (i) that no person exercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter’s rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties;4\n\nEstablished fishing stands, but only if the fishing stand license fee is timely received from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws; and5\n\nMunicipal dredging projects located in the Lynnhaven River or its creeks and tributaries, including dredging projects to restore existing navigation channels in areas approved by the Commission. Such projects shall be limited to grounds that are condemned, restricted, or otherwise nonproductive. The locality shall compensate the lessee for the use of the ground, and if the parties cannot agree on a compensation amount, a court of competent jurisdiction shall determine the value of the ground as of the date it is first disturbed.","order_by":null,"text":{"0":{"id":300273,"text":"The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, including the right to propagate shellfish by whatever legal means necessary, subject to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":300274,"text":"Section 28.2-613;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":300275,"text":"Riparian rights;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":300276,"text":"The right of fishing in waters above the bottoms, provided (i) that no person exercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter’s rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":300277,"text":"Established fishing stands, but only if the fishing stand license fee is timely received from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws; and","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":300278,"text":"Municipal dredging projects located in the Lynnhaven River or its creeks and tributaries, including dredging projects to restore existing navigation channels in areas approved by the Commission. Such projects shall be limited to grounds that are condemned, restricted, or otherwise nonproductive. The locality shall compensate the lessee for the use of the ground, and if the parties cannot agree on a compensation amount, a court of competent jurisdiction shall determine the value of the ground as of the date it is first disturbed.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-618\/","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 2017, chapters 365<\/a> and 529<\/a>; in 2019, chapter 735<\/a>; in 2022, chapters 35<\/a> and 36<\/a>.<\/p>","references":false,"refers_to":[{"id":80805,"section_number":"28.2-613","catch_line":"Duration of lease","order_by":null,"url":"\/28.2-613\/"}],"permalink":{"id":191559,"object_type":"law","relational_id":83766,"identifier":"28.2-618","token":"28.2\/II\/6\/2\/28.2-618","url":"\/28.2-618\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-618\/","token":"28.2\/II\/6\/2\/28.2-618","dublin_core":{"Title":"(Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-618","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, including the right to propagate shellfish<\/span> by whatever legal means necessary, subject to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Section 28.2-613<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Riparian rights; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The right of fishing<\/span> in waters above the bottoms, provided (i) that no person exercising the right of fishing<\/span> shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter’s rights or damages<\/span> the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Established fishing<\/span> stands, but only if the fishing<\/span> stand license fee is timely received from the existing licensee of the fishing<\/span> stand and no new applicant shall have priority over the oyster lease. However, a fishing<\/span> stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Municipal dredging projects located in the Lynnhaven River or its creeks and tributaries, including dredging projects to restore existing navigation channels in areas approved by the Commission<\/span>. Such projects shall be limited to grounds that are condemned, restricted, or otherwise nonproductive. The locality shall compensate the lessee for the use of the ground, and if the parties cannot agree on a compensation amount, a court<\/span> of competent jurisdiction<\/span> shall determine the value of the ground as of the date it is first disturbed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2035) COMMONWEALTH GUARANTEES RIGHTS OF RENTER SUBJECT TO\nRIGHT OF FISHING (\u00a7 28.2-618)\n\nThe Commonwealth shall guarantee to any person who has complied with ground\nassignment requirements the absolute right to continue to use and occupy the\nground for the term of the lease, including the right to propagate shellfish by\nwhatever legal means necessary, subject to:\n\n1. Section 28.2-613;\n\n2. Riparian rights;\n\n3. The right of fishing in waters above the bottoms, provided (i) that no person\nexercising the right of fishing shall use any device which is fixed to the\nbottom, or which, in any way, interferes with the renter’s rights or\ndamages the bottoms, or the oysters planted thereon, and (ii) that crab pots and\ngill nets which are not staked to the bottom shall not be considered devices\nwhich are fixed to the bottom unless the crab pots and gill nets are used over\nplanted oyster beds in waters of less than four feet at mean low water on the\nseaside of Northampton and Accomack Counties;\n\n4. Established fishing stands, but only if the fishing stand license fee is\ntimely received from the existing licensee of the fishing stand and no new\napplicant shall have priority over the oyster lease. However, a fishing stand\nlocation assigned prior to the lease of the oyster ground is a vested interest,\na chattel real, and an inheritable right which may be transferred or assigned\nwhenever the current licensee complies with all existing laws; and\n\n5. Municipal dredging projects located in the Lynnhaven River or its creeks and\ntributaries, including dredging projects to restore existing navigation channels\nin areas approved by the Commission. Such projects shall be limited to grounds\nthat are condemned, restricted, or otherwise nonproductive. The locality shall\ncompensate the lessee for the use of the ground, and if the parties cannot agree\non a compensation amount, a court of competent jurisdiction shall determine the\nvalue of the ground as of the date it is first disturbed.\n\nHISTORY: Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,\nc. 406, \u00a7 28.1-109(15); 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;\n2017, cc. 365, 529; 2019, c. 735; 2022, cc. 35, 36.","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}}