CHAPTER 509

An Act to amend and reenact § 28-118 of the Code of Virginia, relating
to the reestablishment of the Baylor survey. rH 491]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 28-118 of the Code of Virginia be amended and reenacted
as follows:

_ § 28-118. (1) Authority of Commission.—The Commission of Fish-
erles may reestablish, relocate and remark all lines of the Baylor survey
which cannot be otherwise relocated because of the loss or destruction
of marks which formerly existed. For the purpose aforesaid, it shall have
the right to employ surveyors, to examine witnesses, and to make physical
examinations of the grounds to be resurveyed, after having first given
notice of the time and place of such hearing or examination, and of the
ground or grounds and line or lines to be relocated, reestablished or
examined, by an advertisement published once a week for two consecutive
weeks in some newspaper published in the county in which such ground
or grounds, and line or lines are situated, and by posting notices for at
least two weeks at at least five public places in, and at the front door of
the courthouse, of the county or counties in which such line or lines are
located. If no newspaper is published in such county, then such notice
shall be published in a newspaper having general circulation in the county.

(2) Rehearing or resurvey on petition of citizens.—From any finding
of the Commission relocating or reestablishing any such line or lines,
ground or grounds, any five or more citizens of the Commonwealth who
think a mistake has been made in such relocation may, by petition, filed
within ninety days from such finding, to the circuit court of the county in
which such ground is situated, have a resurvey or a rehearing; but the
determination of the circuit court shall be final. Should the petitioners
prevail the cost of such rehearing shall be borne by the State and paid
out of the oyster fund; but should such petitioners not prevail, the cost
shall be borne by them; and they shall, upon filing their petition, give a
bond in a penalty to be fixed by the court or the judge thereof in vacation,
conditioned to pay all costs that may be awarded against them; such bond
shall have sureties approved by the clerk of the court in which such
petition is filed.

(3) Conclusive evidence.—When such ground or grounds, line or
lines shall have been reestablished and relocated, the same shall be taken
and accepted as conclusive evidence in all courts of the Commonwealth
that the grounds so ascertained to be natural oyster rocks, beds, or
shoals are such; and that all grounds lying outside of such boundaries
are grounds open to rental under the laws of this State. Plats shall be
made under the direction of the Commission showing the reestablishment
of such lines, and shall be recorded in the appropriate clerk’s office.

(4) Sale of charts.—The Commissioner of Fisheries shall have avail-
able at all times copies of the Baylor survey charts and plats, to be
offered for sale to the public in such manner as the Commissioner may
determine and a fee of three dollars per copy shall be charged therefor.
2. An emergency exists and this act is in force from its passage.