{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-625.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-625.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-625.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-625.html"}],"law_id":78178,"edition_id":1,"section_id":78178,"structure_id":13589,"section_number":"28.2-625","catch_line":"Transfer or assignment","history":"Code 1950, \u00a7 28-126; 1962, c. 406, \u00a7 28.1-112; 1984, cc. 100, 259; 1992, c. 836; 2019, c. 164; 2023, cc. 743, 786.","full_text":"A person holding an existing lease of oyster-planting ground may transfer or assign all or any part of the lease to another under the following conditions and provisions:\n\n1\n\nThe transfer or assignment may be made only to a resident of the Commonwealth, or a firm or corporation authorized by Virginia laws to occupy and hold oyster-planting ground.2\n\nThe application for transfer or assignment shall be in the form prescribed by the Commissioner and shall be filed with the Commission.3\n\nThe Commissioner shall require a new survey if no survey exists of the exact parcel or parcels of grounds to be transferred or assigned.4\n\nThe 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 made by the Commissioner.5\n\nThe application shall be accompanied by the transfer fee of $300 for each lease less than five acres, $500 for each lease of five to 25 acres, and $1,000 for each lease greater than 25 acres.6\n\nThe Commissioner shall record in his office the application for transfer or assignment with any correction or new plat he deems necessary only if the Commissioner believes that the transfer or assignment is in the public interest. No lease shall be transferred if the leaseholder has been denied renewal under § 28.2-613.7\n\nThe transfer or assignment shall constitute a new lease of the tract or parcel assigned and any ground remaining under the old lease.","order_by":null,"text":{"0":{"id":280235,"text":"A person holding an existing lease of oyster-planting ground may transfer or assign all or any part of the lease to another under the following conditions and provisions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":280236,"text":"The transfer or assignment may be made only to a resident of the Commonwealth, or a firm or corporation authorized by Virginia laws to occupy and hold oyster-planting ground.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":280237,"text":"The application for transfer or assignment shall be in the form prescribed by the Commissioner and shall be filed with the Commission.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":280238,"text":"The Commissioner shall require a new survey if no survey exists of the exact parcel or parcels of grounds to be transferred or assigned.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":280239,"text":"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 made by the Commissioner.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":280240,"text":"The application shall be accompanied by the transfer fee of $300 for each lease less than five acres, $500 for each lease of five to 25 acres, and $1,000 for each lease greater than 25 acres.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":280241,"text":"The Commissioner shall record in his office the application for transfer or assignment with any correction or new plat he deems necessary only if the Commissioner believes that the transfer or assignment is in the public interest. No lease shall be transferred if the leaseholder has been denied renewal under § 28.2-613.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":280242,"text":"The transfer or assignment shall constitute a new lease of the tract or parcel assigned and any ground remaining under the old lease.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":13589,"edition_id":1,"name":"Assignment, Transfer, Condemnation; Other Grounds","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13588,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":191579,"object_type":"structure","relational_id":13589,"identifier":"3","token":"28.2\/II\/6\/3","url":"\/28.2\/II\/6\/3\/","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":57077,"structure_id":13589,"section_number":"28.2-623","catch_line":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","url":"\/28.2-623\/","token":"28.2\/II\/6\/3\/28.2-623","metadata":false},{"id":66892,"structure_id":13589,"section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624","metadata":false},{"id":78178,"structure_id":13589,"section_number":"28.2-625","catch_line":"Transfer or assignment","url":"\/28.2-625\/","token":"28.2\/II\/6\/3\/28.2-625","metadata":false},{"id":54555,"structure_id":13589,"section_number":"28.2-626","catch_line":"Refund of rent paid under mistake","url":"\/28.2-626\/","token":"28.2\/II\/6\/3\/28.2-626","metadata":false},{"id":62855,"structure_id":13589,"section_number":"28.2-627","catch_line":"Relief from rent","url":"\/28.2-627\/","token":"28.2\/II\/6\/3\/28.2-627","metadata":false},{"id":64403,"structure_id":13589,"section_number":"28.2-627.1","catch_line":"Oyster Leasing, Conservation, and Repletion Programs Fund","url":"\/28.2-627.1\/","token":"28.2\/II\/6\/3\/28.2-627.1","metadata":false},{"id":82773,"structure_id":13589,"section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628","metadata":false},{"id":76592,"structure_id":13589,"section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629","metadata":false},{"id":58202,"structure_id":13589,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630","metadata":false},{"id":83288,"structure_id":13589,"section_number":"28.2-631","catch_line":"Grounds for clams","url":"\/28.2-631\/","token":"28.2\/II\/6\/3\/28.2-631","metadata":false},{"id":57310,"structure_id":13589,"section_number":"28.2-632","catch_line":"Public clamming grounds","url":"\/28.2-632\/","token":"28.2\/II\/6\/3\/28.2-632","metadata":false},{"id":57235,"structure_id":13589,"section_number":"28.2-633","catch_line":"Bathing grounds; assignment; rental","url":"\/28.2-633\/","token":"28.2\/II\/6\/3\/28.2-633","metadata":false}],"previous_section":{"id":66892,"structure_id":13589,"section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624","metadata":false},"next_section":{"id":54555,"structure_id":13589,"section_number":"28.2-626","catch_line":"Refund of rent paid under mistake","url":"\/28.2-626\/","token":"28.2\/II\/6\/3\/28.2-626","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-625\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1962, chapter 406; in 1984, chapters 100 and 259; in 1992, chapter 836; in 2019, chapter 164<\/a>; in 2023, chapters 743<\/a> and 786<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":191589,"object_type":"law","relational_id":78178,"identifier":"28.2-625","token":"28.2\/II\/6\/3\/28.2-625","url":"\/28.2-625\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-625\/","token":"28.2\/II\/6\/3\/28.2-625","dublin_core":{"Title":"Transfer or assignment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-625","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A person holding an existing lease of oyster-planting ground may transfer or assign all or any part of the lease to another under the following conditions and provisions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The transfer or assignment may be made only to a resident<\/span> of the Commonwealth, or a firm or corporation authorized by Virginia laws<\/span> to occupy and hold oyster-planting ground. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The application for transfer or assignment shall be in the form prescribed by the Commissioner<\/span> and shall be filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commissioner<\/span> shall require a new survey if no survey exists of the exact parcel or parcels of grounds to be transferred or assigned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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 made by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The application shall be accompanied by the transfer fee of $300 for each lease less than five acres, $500 for each lease of five to 25 acres, and $1,000 for each lease greater than 25 acres. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Commissioner<\/span> shall record in his office the application for transfer or assignment with any correction or new plat he deems necessary only if the Commissioner<\/span> believes that the transfer or assignment is in the public interest. No lease shall be transferred if the leaseholder has been denied renewal under § 28.2-613<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The transfer or assignment shall constitute a new lease of the tract or parcel assigned and any ground remaining under the old lease. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OR ASSIGNMENT (\u00a7 28.2-625)\n\nA person holding an existing lease of oyster-planting ground may transfer or\nassign all or any part of the lease to another under the following conditions\nand provisions:\n\n1. The transfer or assignment may be made only to a resident of the\nCommonwealth, or a firm or corporation authorized by Virginia laws to occupy and\nhold oyster-planting ground.\n\n2. The application for transfer or assignment shall be in the form prescribed by\nthe Commissioner and shall be filed with the Commission.\n\n3. The Commissioner shall require a new survey if no survey exists of the exact\nparcel or parcels of grounds to be transferred or assigned.\n\n4. The cost of any new surveys required under this section shall be borne by the\nperson making the transfer, and the cost and fees shall be the same as for\nsurveys made by the Commissioner.\n\n5. The application shall be accompanied by the transfer fee of $300 for each\nlease less than five acres, $500 for each lease of five to 25 acres, and $1,000\nfor each lease greater than 25 acres.\n\n6. The Commissioner shall record in his office the application for transfer or\nassignment with any correction or new plat he deems necessary only if the\nCommissioner believes that the transfer or assignment is in the public interest.\nNo lease shall be transferred if the leaseholder has been denied renewal under\n§ 28.2-613.\n\n7. The transfer or assignment shall constitute a new lease of the tract or\nparcel assigned and any ground remaining under the old lease.\n\nHISTORY: Code 1950, \u00a7 28-126; 1962, c. 406, \u00a7 28.1-112; 1984, cc. 100, 259;\n1992, c. 836; 2019, c. 164; 2023, cc. 743, 786.","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}}