CHAPTER 656

An Act to amend and reenact § 28.1-116, as amended, of the Code of
Virginia, relating to rights of owner to waters within lawful survey.

[(S 466]
Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 28.1-116, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 28.1-116. If any creek, cove or inlet within the jurisdiction of this
Commonwealth makes into or runs through the lands of any person, is
less than one hundred yards in width at mean low water and is comprised
within the limits of his lawful survey, such person or other lawful occu-
pant shall have the exclusive right to use such creek, cove or inlet for
sowing or planting oysters or other shellfish; provided, however, that in
the county of Mathews the owners or lawful occupants of land on both
sides of any creek, cove or inlet, except Horn Harbor and Milford Haven,
suitable for the planting of oysters, above the point where such creek,
cove or inlet is one hundred yards in width, shall have the exclusive right
to use such creek, cove or inlet for planting oysters therein, the right of
the owners or occupants of land on the opposite sides of such creek, cove
or inlet to extend to the middle of the channel, wherever that may be
from time to time; provided further, in Pine Top District of Middlesex
County, if any creek, cove or inlet makes into or runs through the lands of
any person and is included within the limits of his lawful survey and upon
which he has been assessed for taxes by the county, the Commission of
Fisheries shall not accept any application for or make any assignment of
oyster planting grounds within the limits of such lawful survey prior to
July 1, 1968. This act as amended shall not apply to any existing applica-
fon on ji with the Commission nor to any pending litigation connected
ewit