CHAPTER 624

An Act to amend and reenact § 28.1-100 of the Code of Virginia, relating
to surveying of planting grounds.
[TH 803]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 28.1-100 of the Code of Virginia be amended and reenacted
as follows:

§ 28.1-100. (1) Surveys and reports as conclusive evidence. The
survey or surveys of the natural oyster beds, rocks and shoals of the Com-
monwealth, made in pursuance of an act of the General Assembly of
Virginia, entitled an act to protect the oyster industry of the Common-
wealth, approved on the twenty-ninth day of February, eighteen hundred
and ninety-two, and acts amendatory thereof, or supplemental thereto, shall
until otherwise provided by law continue to be held in all respects to be
the survey or surveys defining and determining the natural oyster beds,
rocks and shoals of the Commonwealth; the surveys and reports filed in
accordance with the acts aforesaid shall be construed in all the courts of
the Commonwealth to be conclusive evidence of the boundaries and limits
of all the natural oyster beds, rocks and shoals lying within the waters of
the counties wherein such reports and surveys are so filed, and further, that
there are no natural oyster beds, rocks or shoals lying within the waters
of the counties wherein such reports and surveys are filed other than those
embraced in the surveys authorized by the acts aforesaid. The surveys of
the natural oyster beds, rocks or shoals of the Commonwealth referred to
in this section shall not extend inshore of the mean low water mark of
said body of water, any surveys, plats, markers, or lines to the contrary
notwithstanding.

(2) Resurvey on motion of Commission or on application of citizens.
The Commission of Fisheries may select and appoint, on such terms as
may be agreed upon, any surveyor to survey or resurvey any oyster-plant-
ing grounds either in his own or any other county, and to re-establish and
permanently mark any line or lines of the Baylor survey of natural oyster
rocks, which, in the judgment of the Commission, it may be necessary to

efine.