CODE OF VIRGINIA

CONDEMNATION OF OYSTER BOTTOMS AND GROUNDS (§ 28.2-628)

The Department of Transportation and any locality 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 necessary for
the purpose of such Department or locality. The procedure in such cases shall
conform to the provisions of Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.
However, a locality shall not exercise the right by eminent domain to acquire
any right or interest, partial or complete, in and to any oyster-planting
grounds leased pursuant to Article 1 (§ 28.2-600 et seq.) or 2 (§ 28.2-603 et
seq.) of Chapter 6, other than a water-dependent linear wastewater project where
there is no practical alternative and the project is subject to permitting under
the State Water Control Law (§ 62.1-44.2 et seq.).The Department of
Conservation and Recreation shall have the same right of eminent domain against
the same properties as previously described, where the purpose of the
condemnation is to provide for a navigational improvement benefiting the
Commonwealth and not limited to purposes of any particular locality.

HISTORY: Code 1950, § 28-122.1; 1950, p. 92; 1962, c. 406, § 28.1-115; 1989,
c. 656; 1992, c. 836; 2003, c. 940; 2014, cc. 162, 591.