If the Commissioner determines that in any past assignment of or in any attempt to transfer oyster ground, a survey, or a recorded plat, does not accurately describe the metes and bounds of the leased ground, the Commissioner shall require the lessee, the transferor, or both to have the ground surveyed and the plat recorded.
If the lessee fails to order the survey or resurvey within six months after date of notification to the lessee or transferor, by certified mail, the Commissioner shall cancel the lease and may accept applications for this ground from the general public.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(12b); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-600. Riparian planting ground assignments; eligibility; fee
§ 28.2-601. Riparian assignments; entitlements; obligations
§ 28.2-602. Riparian assignments; special terms and conditions
§ 28.2-603. General oyster planting grounds
§ 28.2-603.1. Temporary enclosures on leased ground
§ 28.2-603.2. Commissioner to provide notice
§ 28.2-604. Eligible applicants
§ 28.2-605. Application for assignment
§ 28.2-606. Notice of application
§ 28.2-607. Survey and marking of ground
§ 28.2-608. Application, surveying, and recording fees
§ 28.2-609. Restrictions on assigned acreage and applications
§ 28.2-610. Restriction on acreage owned or operated
§ 28.2-612. Payment of annual rental; penalty for default
§ 28.2-615. Payment of costs for service, etc.
§ 28.2-616. Possession gives no preference as to assignment
§ 28.2-617. Recordation of plat
§ 28.2-619. When leases become vacant
§ 28.2-621. Effect of proposal for navigation project
§ 28.2-622. Consolidation of lease
§ 28.2-623. Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries
§ 28.2-624. Public rocks, etc., not to be used or staked off; penalty
§ 28.2-625. Transfer or assignment
§ 28.2-626. Refund of rent paid under mistake
§ 28.2-627.1. Oyster Leasing, Conservation, and Repletion Programs Fund
§ 28.2-628. Condemnation of oyster bottoms and grounds
§ 28.2-629. Rights of owner to waters within lawful survey
§ 28.2-630. Rights of riparian owners to build bulkhead or wharf
§ 28.2-632. Public clamming grounds
§ 28.2-633. Bathing grounds; assignment; rental
§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty
§ 28.2-635. Residents not to be associated with nonresident
§ 28.2-636. Leasing of certain bottoms in Rappahannock River prohibited
§ 28.2-638. Authority of Governor to authorize dredging of channel in navigable waters
§ 28.2-639. Certain public oyster rocks in Rappahannock River
§ 28.2-640. Declaring certain grounds in Mobjack Bay public oyster rocks
§ 28.2-649. Acts which remain in force
§ 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds