Chap. 399.—An ACT to define and establish, by straight lines, the low-water
mark lines for the riparian owner of the shores of Fox island, or Fox islands,
in the county of Accomac, in the state of Virginia.

Approved February 26, 1894.

1. Be it enacted by the general assembly of Virginia, That in
order to avoid the uncertainty of the boundaries of low water on the
shores of Fox island, or Fox islands, in the county of Accomac, in
the state of Virginia, arising from the indented courses of said
shores of said island or islands, it shall be lawful for the riparian
owner thereof to apply in writing to the fish commissioner of this
state to establish, by straight lines, a boundary to be taken as a per-
manent low-water mark line. Such writing shall contain a full
description of the location and extent of said shores and island or
islands, and upon its receipt the said fish commissioner shall request
the department of the United States coast and geodetic survey to com-
pute the acreage of the area between the high and low water mark
lines along the said shores of said island or islands of said appli-
cant, as shown by the public surveys and maps made and prepared
by said department. Such computation of acreage shall be accepted
as final by said fish commissioner and said riparian owner.

2. The said fish commissioner shall then ascertain the water area
to which the riparian owner 1s entitled, according to the lines and
metes and bounds of the survey of the riparian owner’s property,
giving preference always to a survey made under the laws of Vir-
ginia for granting lands of the commonwealth, where such survey
exists. And in the event that the original marks fixing the metes
and bounds of the survey of the property be destroyed or obliterated,
said fish commissioner shall re-establish them as nearly as may be.
When said lines of survey are thus established, the said fish com-
missioner shall assign to said riparian owner, beyond and adjoining
said lines of original survey, a number of acres of water area equal
in amount to the total acreage of low-water grounds furnished him,
as above provided for, by the United States coast and geodetic sur-
vey. Said acreage of water area shall be within straight lines,
or the outer boundary thereof shall be composed of straight lines
extending in front of the riparian owner’s shores, and said straight
lines shall be permanently marked, staked or buoyed. The com-
promise or adjudication between the said riparian owner and the
state shall be made by the said fish commissioner, or the person
authorized to discharge the duties required under this act, on the ba-
sis of equity as to the interests of the state and said riparian owner,
and not on a basis of acreage.
3. After said straight line or lines shall have been marked, staked
or buoyed, as aforesaid, a survey shall be made by a competent en-
gineer or surveyor of the area of water within the limits of the ripa-
rian owner’s survey, established as aforesaid, and of the area as-
signed by the said fish commissioner, outside of and adjoining the
area of water within the limits of the riparian owner’s survey, estab-
lished as aforesaid, of which two plats shall be made by said engi-
neer or surveyor, who shall be selected by said riparian owner, with
the approval of said fish commissioner. Said plats shall be ac-
cepted by said commonwealth of Virginia and the said riparian own-
ers. Kachof said plats shall bear the following certification, to-wit:

county, Virginia, , 189—.

I, , fish commissioner of Virginia, have authorized

engineer or surveyor, to make the survey shown by this plat.

’

[Signed ] ‘
Fish commissioner of Virginia.
county, Virginia, , 189—.

I,

, engineer or surveyor, do certify that this plat is correct.
[Signed ] —_——__——-,

Engineer and surveyor.

4. All lines traced on said plat shall be in one of the three follow-
ing colors, to-wit: black, blue or red. All lines traced in black color
shall represent the shore lines of said riparian owner’s property; all
area between a black line or lines and a blue line or lines shall rep-
resent the area of water within the limits of the riparian owner’s sur-
vey; all area between a blue line or lines and a red line or lines shal]
represent the area assigned by the said fish commissioner to said
riparian owner in lieu of the cession by said riparian owner to the
commonwealth of Virginia of all his low-water mark area outside of
the red line or lines traced on said plats.

The said fish commissioner of Virginia shall write, or cause to be
written, on each of said plats the following, to-wit:

e county, Virginia, , 189—.

“Tn consideration of the perpetual cession by William Ellinger
of all of his low-water mark area outside outside of the red line or
lines traced on this plat to the commonwealth of Virginia, for the
specific purpose of planting or propagating oysters thereon, and no
other, the commonwealth of Virginia perpetuallly cedes to Willliam
Klinger, his heirs or assigns, all the area embraced between the red
line or lines and the blue line or lines as traced on this plat, for the
specific purpose of planting or propagating oysters thereon, and no
other ’—
Which shall be signed under seal by said fish commissioner of
Virginia and the riparian owner, whose name shall appear in afore-
said writing. One plat so sealed and so signed shall be retained by
said fish’ commissioner as a public document. He shall give the
other plat so sealed and signed to the riparian owner, whose name
shall appear in aforesaid writing, who shall cause the same to be re-
corded in the office of the clerk of the county court of the county
wherein such property is situated. The said riparian owner shall pay

the clerk’s fees for recordings aid plat, and also all charges of the en-
gineer or surveyor for making said survey and preparing said plats.

5. When said plat has been so recorded as prescribed in section
four, the water-line so buoyed, marked or staked as aforesaid, and
delineated on said plat by said red lines, shall be and remain for all
purposes hereinafter mentioned the low-water mark line in front of
the property of said riparian owner, independent of the ebb and flow
of the tide; and the said riparian owner shall have perpetual and
exclusive right to plant, cultivate and take oysters within his said
low-water line so established, whether or not the same include water
area beyond the actual fall of the tide, and the commonwealth of
Virginia shall not thereafter use, lease or in any manner dispose of
said water area or interfere with said oyster rights of the riparian
owner.

But outside and beyond said low-water mark line so established
and delineated all water area shall become and remain public waters
for oyster planting, whether or not any portion of said water area be
above the actual fall of the tide, and may be used, leased and dis-
posed by the commonwealth of Virginia, under the laws of this state
relating to the planting of oysters or encouragement of the oyster
industry.

6. But this act shall not affect any rights of the riparian owner
In the water or bottoms in front of his property, nor any public
rights or control of the state of Virginia in or over any of said
water areas except in the matter of cultivating, planting and taking
oysters as herein especially provided for.

7. Should any person, other than the said fish commissioner, be
hereafter authorized to discharge the duties herein required to be
performed by the said fish commissioner, then and in that event
such person so authorized shall sign the certificates herein men-
tioned, and shall exercise all the functions which are herein speci-
fied to be performed by said fish commissioner, or may be hereafter
specified to be performed by him or such other authorized person.

8. All acts and parts of acts in conflict with this act be, and the
the same are hereby, repealed.

9. This act shall be in force from its passage.