A. Except as otherwise provided in subsections B and C hereof, all ungranted islands which rise by natural or artificial causes from the beds of bays, rivers and creeks that are ungranted under § 28.2-1200 shall remain the property of the Commonwealth and shall be managed by the Commission as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title. In case of any conflict between the provisions of this subsection and the common law of accretion, reliction and avulsion, such common law shall control.
B. Any island or land that is owned by the Commonwealth, whether currently in existence or subsequently created, that now or hereafter abuts a barrier island of the Eastern Shore shall remain the property of the Commonwealth and shall be managed by the Commission as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.
C. This section shall not apply to accretions to privately owned lands or islands, whether or not they are used as commons.
1991, c. 378, § 41.1-4.1; 1992, c. 836; 1995, c. 850.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common
§ 28.2-1200.1. Conveyance of state-owned bottomlands
§ 28.2-1201. Ungranted islands which rise from lands which are property of the Commonwealth
§ 28.2-1202. Rights of owners to extend to mean low-water mark
§ 28.2-1203. Unlawful use of subaqueous beds; penalty
§ 28.2-1204. Authority of Commission over submerged lands
§ 28.2-1204.1. Submerged aquatic vegetation
§ 28.2-1204.2. Marine Habitat and Waterways Improvement Fund established
§ 28.2-1205. Permits for the use of state-owned bottomlands
§ 28.2-1205.1. Coordinated review of water resources projects
§ 28.2-1207. Authority to approve permits for encroachment on subaqueous beds; notice
§ 28.2-1208. Granting easements in, permitting the use of, or leasing the beds of certain waters
§ 28.2-1210. Removal of obstructions or hazardous property from state waters; penalty
§ 28.2-1211. Injunction against violation of § 28.2-1203
§ 28.2-1212. Monitoring, inspections, compliance and restoration