                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2035) COMMONWEALTH GUARANTEES RIGHTS OF RENTER SUBJECT TO
RIGHT OF FISHING (§ 28.2-618)

The Commonwealth shall guarantee to any person who has complied with ground
assignment requirements the absolute right to continue to use and occupy the
ground for the term of the lease, including the right to propagate shellfish by
whatever legal means necessary, subject to:

1. Section 28.2-613;

2. Riparian rights;

3. The right of fishing in waters above the bottoms, provided (i) that no person
exercising the right of fishing shall use any device which is fixed to the
bottom, or which, in any way, interferes with the renter&#8217;s rights or
damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and
gill nets which are not staked to the bottom shall not be considered devices
which are fixed to the bottom unless the crab pots and gill nets are used over
planted oyster beds in waters of less than four feet at mean low water on the
seaside of Northampton and Accomack Counties;

4. Established fishing stands, but only if the fishing stand license fee is
timely received from the existing licensee of the fishing stand and no new
applicant shall have priority over the oyster lease. However, a fishing stand
location assigned prior to the lease of the oyster ground is a vested interest,
a chattel real, and an inheritable right which may be transferred or assigned
whenever the current licensee complies with all existing laws; and

5. Municipal dredging projects located in the Lynnhaven River or its creeks and
tributaries, including dredging projects to restore existing navigation channels
in areas approved by the Commission. Such projects shall be limited to grounds
that are condemned, restricted, or otherwise nonproductive. The locality shall
compensate the lessee for the use of the ground, and if the parties cannot agree
on a compensation amount, a court of competent jurisdiction shall determine the
value of the ground as of the date it is first disturbed.

HISTORY: Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,
c. 406, § 28.1-109(15); 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;
2017, cc. 365, 529; 2019, c. 735; 2022, cc. 35, 36.