                                 CODE OF VIRGINIA

EXCUSING RENT PAYMENT ON CONDEMNED OYSTER GROUNDS IN THE LYNNHAVEN RIVER AND
TRIBUTARIES (§ 28.2-623)

Whenever leased oyster ground in the Lynnhaven River and its tributaries has
been condemned by the Commissioner of the State Department of Health for not
less than 180 consecutive days, other than regular seasonal condemnation, the
lessee, after prior written notice to the Commission, may choose not to pay the
rent on the condemned acreage for the year immediately following the year in
which the one hundred eightieth day of condemnation occurs. This choice may
continue until the condemnation is terminated. However, if the lessee makes such
a choice, (i) oysters or clams shall not be taken from such leased area by the
lessee for any reason during the condemnation period; (ii) the lease shall
continue to run; and (iii) the lessee may renew the lease as provided by law.
The Commissioner may not make a new lease assignment or transfer an existing
lease that lies wholly or partially within a condemned area unless the applicant
executes a release that he will not exercise his rights under this section for
the duration of the lease.

HISTORY: 1976, c. 557, § 28.1-109.1; 1992, c. 836.