CHAPTER 184

An Act to amend and reenact § 28-128, as amended, of the Code of Vir-
ginia, relating to assignment of certain oyster-planting grounds to
certain owners.

[H 507]

Approved March 4, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 28-123, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 28-123. Any owner of land having a waterfront thereon suitable
for planting oysters, whose shore front measures at least one hundred five
feet at the low water mark, who has not had as much as one-half acre of
ground already assigned him on such front, or whose lease has termi-
nated and is not to be renewed, may make application for planting ground
to the inspector for the district in which the land lies, who shall assign to
him such ground, wherever such owner may designate in front of his
land, not exceeding in area one-half acre, to be not less than one hundred
and five feet wide at its narrowest width, the same to be surveyed, platted,
marked, assigned and recorded, in all respects as provided for assignments
to persons in the next succeeding section. The one-half acre hereinabove
mentioned shall begin at low water mark. For assigning to riparian
owners, the surveyor shall receive fees as provided in § 28-124 (7) of the
Code of Virginia. Such owner shall have the exclusive right to the use
thereof for the purpose aforesaid, such assignment to pass with the land
to any subsequent owner. If any portion of such waterfront be assigned
to a riparian claimant, which at the time is occupied by others with oysters
actually planted thereon, the person occupying the same shall have eighteen
months in which to remove such oysters, and such riparian claimant shall
pay all survey and assignment and recording charges, incurred in con-
nection with the transfer of said riparian oyster-planting ground.

This section, so far as the quantity of land to be assigned to and held
by riparian owners is concerned, shall not apply to the counties of North-
ton and Northumberland *, but section six of Chapter two hundred
fifty-four, acts eighteen hundred and eighty-three and eighteen hun-
i and eighty-four, shall continue in force as to such counties, but
1ing herein contained shall be construed as authorizing a rental of
than one dollar per acre for riparian owners in the above-named
ities of the land assigned them as such riparian owners; provided,
; nothing in such section which restores to riparian owners in such
ities one-fourth of their respective waterfronts, suitable for planting
ers, shall be so construed as to permit the owners of waterfronts to
pel occupants of such fronts to remove their oysters from any fourth
uch shores, if the residue of the shore be already in his, the landowner’s
session, or be unoccupied; and provided, further, that this section shall
apply to riparian lands located in the city of Norfolk, Virginia, or to
owner of land located in said city, and having a waterfront.

Nothing in this section shall be construed to prevent the erection by
rian landowners of wharves, landings or other structures as otherwise
nitted by law.