                                 CODE OF VIRGINIA

DURATION OF LEASE (§ 28.2-613)

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 creditors, if he is a resident of
this Commonwealth, provided that he files an application for transfer with the
Commission within 18 months after the date of death. If the named beneficiary is
not a resident 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&#8217;s estate within one year of
his death, the Commission 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
Commission shall, on application of the holder, renew the assignment for an
additional 10-year term. The Commission 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 Commission 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 Commission shall decide whether the
renewal is in the public interest considering the factors in subsection A of §
28.2-1205, the prevalence of the diseases MSX and Dermo, the public benefits and
impacts of shellfish aquaculture, and whether the oyster-planting ground has
traditionally produced commercial quantities of oysters or clams. The Commission
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 Commission of
processing the renewal application, but shall not exceed $300.

HISTORY: Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,
c. 406, § 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.