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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80805</law_id><section_number>28.2-613</section_number><catch_line>Duration of lease</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>28.2-603.1</reference><reference>28.2-618</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="28.2">Fisheries and Habitat of the Tidal Waters</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Tidal Fisheries</unit><unit label="chapter" level="3" order_by="1" identifier="6">Planting Grounds</unit><unit label="article" level="4" order_by="1" identifier="2">General Oyster-Planting Grounds</unit></structure><text>
						<section><p>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.
		Upon the death of the renter, testate as to the lease, it shall vest in the named beneficiary subject to the rights of <span class="dictionary">creditors</span>, if he is a <span class="dictionary">resident</span> of this Commonwealth, provided that he files an application for transfer with the <span class="dictionary">Commission</span> within 18 months after the date of death. If the named beneficiary is not a <span class="dictionary">resident</span> he shall have 18 months after the date of death to transfer the lease to a qualified holder.
		Upon 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.
		If there is no qualification on the renter&#x2019;s estate within one year of his death, the <span class="dictionary">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.
		If there is no transfer under any of the above, the ground shall become vacant and open to assignment.
		Upon expiration of the initial or any subsequent term of the assignment, the <span class="dictionary">Commission</span> shall, on application of the holder, renew the assignment for an additional 10-year term. The <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">Commission</span> shall decide whether the renewal is in the public interest considering the factors in subsection A of &#xA7;&#xA0;<a class="law" title="Permits for the use of state-owned bottomlands" href="/28.2-1205/">28.2-1205</a>, the prevalence of the diseases MSX and Dermo, the public benefits and impacts of <span class="dictionary">shellfish</span> aquaculture, and whether the oyster-planting ground has traditionally produced commercial quantities of oysters or clams. The <span class="dictionary">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 <span class="dictionary">Commission</span> of processing the renewal application, but shall not exceed $300.</p></section></text><history>Code 1950, &#xA7; 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, &#xA7; 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.</history><metadata></metadata></law>
