{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-628.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-628.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-628.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-628.html"}],"law_id":82773,"edition_id":1,"section_id":82773,"structure_id":13589,"section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","history":"Code 1950, \u00a7 28-122.1; 1950, p. 92; 1962, c. 406, \u00a7 28.1-115; 1989, c. 656; 1992, c. 836; 2003, c. 940; 2014, cc. 162, 591.","full_text":"The Department of Transportation and any locality shall have the right by eminent domain, to acquire any right or interest, partial or complete, in and to any oyster bottoms, oyster-planting grounds, or interest therein necessary for the purpose of such Department or locality. The procedure in such cases shall conform to the provisions of Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1. However, a locality shall not exercise the right by eminent domain to acquire any right or interest, partial or complete, in and to any oyster-planting grounds leased pursuant to Article 1 (\u00a7 28.2-600 et seq.) or 2 (\u00a7 28.2-603 et seq.) of Chapter 6, other than a water-dependent linear wastewater project where there is no practical alternative and the project is subject to permitting under the State Water Control Law (\u00a7 62.1-44.2 et seq.).\n\t\tThe Department of Conservation and Recreation shall have the same right of eminent domain against the same properties as previously described, where the purpose of the condemnation is to provide for a navigational improvement benefiting the Commonwealth and not limited to purposes of any particular locality.","order_by":null,"text":{"0":{"id":296719,"text":"The Department of Transportation and any locality shall have the right by eminent domain, to acquire any right or interest, partial or complete, in and to any oyster bottoms, oyster-planting grounds, or interest therein necessary for the purpose of such Department or locality. The procedure in such cases shall conform to the provisions of Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1. However, a locality shall not exercise the right by eminent domain to acquire any right or interest, partial or complete, in and to any oyster-planting grounds leased pursuant to Article 1 (\u00a7 28.2-600 et seq.) or 2 (\u00a7 28.2-603 et seq.) of Chapter 6, other than a water-dependent linear wastewater project where there is no practical alternative and the project is subject to permitting under the State Water Control Law (\u00a7 62.1-44.2 et seq.).\n\t\tThe Department of Conservation and Recreation shall have the same right of eminent domain against the same properties as previously described, where the purpose of the condemnation is to provide for a navigational improvement benefiting the Commonwealth and not limited to purposes of any particular locality.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-628\/","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 1989, chapter 656; in 1992, chapter 836; in 2003, chapter 940<\/a>; in 2014, chapters 162<\/a> and 591<\/a>.<\/p>","references":[{"id":59804,"section_number":"15.2-1902","catch_line":"Condemnation proceedings generally","order_by":null,"url":"\/15.2-1902\/"}],"refers_to":[{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":59363,"section_number":"28.2-600","catch_line":"Riparian planting ground assignments; eligibility; fee","order_by":null,"url":"\/28.2-600\/"},{"id":56169,"section_number":"28.2-603","catch_line":"General oyster planting grounds","order_by":null,"url":"\/28.2-603\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":191605,"object_type":"law","relational_id":82773,"identifier":"28.2-628","token":"28.2\/II\/6\/3\/28.2-628","url":"\/28.2-628\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628","dublin_core":{"Title":"Condemnation of oyster bottoms and grounds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-628","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department of Transportation and any locality shall have the right by eminent domain, to acquire any right or interest, partial or complete, in and to any oyster bottoms, oyster-planting grounds, or interest therein necessary for the purpose of such Department or locality. The procedure in such cases shall conform to the provisions of Chapter 3 (\u00a7 25.1-300<\/a> et seq.) of Title 25.1. However, a locality shall not exercise the right by eminent domain to acquire any right or interest, partial or complete, in and to any oyster-planting grounds leased pursuant to Article 1 (\u00a7 28.2-600<\/a> et seq.) or 2 (\u00a7 28.2-603<\/a> et seq.) of Chapter 6, other than a water-dependent linear wastewater project where there is no practical alternative and the project is subject to permitting under the State Water Control Law<\/span> (\u00a7 62.1-44.2<\/a> et seq.).\n\t\tThe Department of Conservation and Recreation shall have the same right of eminent domain against the same properties as previously described, where the purpose of the condemnation is to provide for a navigational improvement benefiting the Commonwealth and not limited to purposes of any particular locality.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDEMNATION OF OYSTER BOTTOMS AND GROUNDS (\u00a7 28.2-628)\n\nThe Department of Transportation and any locality shall have the right by\neminent domain, to acquire any right or interest, partial or complete, in and to\nany oyster bottoms, oyster-planting grounds, or interest therein necessary for\nthe purpose of such Department or locality. The procedure in such cases shall\nconform to the provisions of Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1.\nHowever, a locality shall not exercise the right by eminent domain to acquire\nany right or interest, partial or complete, in and to any oyster-planting\ngrounds leased pursuant to Article 1 (\u00a7 28.2-600 et seq.) or 2 (\u00a7 28.2-603 et\nseq.) of Chapter 6, other than a water-dependent linear wastewater project where\nthere is no practical alternative and the project is subject to permitting under\nthe State Water Control Law (\u00a7 62.1-44.2 et seq.).\n\t\tThe Department of Conservation and Recreation shall have the same right of\neminent domain against the same properties as previously described, where the\npurpose of the condemnation is to provide for a navigational improvement\nbenefiting the Commonwealth and not limited to purposes of any particular\nlocality.\n\nHISTORY: Code 1950, \u00a7 28-122.1; 1950, p. 92; 1962, c. 406, \u00a7 28.1-115; 1989,\nc. 656; 1992, c. 836; 2003, c. 940; 2014, cc. 162, 591.","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}}