CHAPTER 79

AN ACT to amend the Code of 1950 by adding a section num-
bered 28-122.1 so as to permit the condemnation of certain
oyster bottoms, oyster planting grounds, and rights in and
leases to such bottoms and grounds; to provide that the
right of eminent domain shall apply thereto, the circum-
stances thereof and the parties that may exercise the right
so granted, and to prescribe the procedure in such ar t9

195 j

Approved February 28, 1950

Referred to the Committee on Chesapeake and Its Tributaries

Be it enacted by the General Assembly of Virginia:

1. That the Code of 1950 be amended by adding a section num-
bered 28-122.1 as follows:

§ 28-122.1. Condemnation of oyster bottoms and grounds.
The Department of Highways, and any county, city or town
shall have the right by eminent domain, to acquire any right or
interest, partial or complete, in and to any oyster bottoms,
oyster planting grounds or interest therein that it deems neces-
sary for the purposes of such Department or county, city or
town, respectively. The procedure in such cases shal] conform,
mutatis mutandis, to the provisions of Article 5 of Chapter 1 of
Title 33 of the Code of 1950 relating to the exercise of the right
of eminent domain by the State Department of Highways in
acquiring lands for highway purposes.