{"law_id":"786067","section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","history":"Code 1950, \u00a7 28-134; 1962, c. 406, \u00a7 28.1-118; 1992, c. 836; 2000, c. 167.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Palmer v. COM. MARINE RESOURCES COM'N","case_number":"2546051","citation":"628 S.E.2d 84","date":"2006-04-04","url":"https:\/\/www.courtlistener.com\/opinion\/1063254\/palmer-v-com-marine-resources-comn\/","abstract":" .\u202f.\u202f. leased oyster or clam grounds, as defined in \u00a7 28.2-630, provided that the pier does not extend .\u202f.\u202f. ","court_html":"COA<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/28.2-630\/","refers_to":[{"id":"766637","section_number":"28.2-600","catch_line":"Riparian planting ground assignments; eligibility; fee","url":"\/28.2-600\/"}],"url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630","structure":{"1":{"id":"1984","name":"Assignment, Transfer, Condemnation; Other Grounds","identifier":"3","label":"article","url":"\/28.2\/II\/6\/3\/"},"2":{"id":"41","name":"Planting Grounds","identifier":"6","label":"chapter","url":"\/28.2\/II\/6\/"},"3":{"id":"40","name":"Tidal Fisheries","identifier":"II","label":"subtitle","url":"\/28.2\/II\/"},"4":{"id":"39","name":"Fisheries And Habitat Of The Tidal Waters","identifier":"28.2","label":"title","url":"\/28.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"786067","structure_id":"1984","full_text":"All assignments or leases of oyster or clam grounds under this chapter shall be subject to the rights vested in riparian claimants under Article 1 (\u00a7 28.2-600 et seq.) of this chapter and also to the following condition: That any landowner who desires to erect a bulkhead or wharf in front of his property or to open a channel, and who is not a lessee or riparian holder of suitable bottoms for that purpose, shall give the lessee or other holder of oyster or clam grounds in front of his property twelve months’ notice of such intention; and upon the expiration of that time, the rights of the lessee or holder of so much of the oyster or clam grounds as are reasonably needed for building the bulkhead, wharf, or channel shall cease. This twelve-month notice and waiting period shall not apply if, at the time the landowner provides notice to the lessee or other holder of the oyster or clam grounds in front of his property, the landowner provides the Commissioner sufficient information describing the dimensions and location of the bulkhead, wharf or channel and the Commissioner subsequently finds, in writing, that the proposed bulkhead, wharf or channel will not adversely impact commercially productive oyster or clam grounds. For purposes of this section “commercially productive oyster or clam grounds” are those areas which can be demonstrated to have (i) suitable substrate for oyster or clam production and (ii) evidence of commercial oyster or clam production within the past three years. If the bulkhead, wharf, or channel has not commenced as specified in the notice within three months after the oyster or clam grounds were vacated, the former lessee or holder shall have the right to resume possession of the oyster or clam grounds he has vacated in favor of such landowners, subject to the provisions of this chapter. Any person constructing a channel under this section shall compensate the lessee of any oyster or clam grounds for all losses or damages including the value of the ground taken for the construction of the channel. The lessee shall have recourse under action of the law in the court of the proper jurisdiction of the Commonwealth of Virginia to recover damages.","text":{"0":{"id":"2535591","text":"All assignments or leases of oyster or clam grounds under this chapter shall be subject to the rights vested in riparian claimants under Article 1 (\u00a7 28.2-600 et seq.) of this chapter and also to the following condition: That any landowner who desires to erect a bulkhead or wharf in front of his property or to open a channel, and who is not a lessee or riparian holder of suitable bottoms for that purpose, shall give the lessee or other holder of oyster or clam grounds in front of his property twelve months’ notice of such intention; and upon the expiration of that time, the rights of the lessee or holder of so much of the oyster or clam grounds as are reasonably needed for building the bulkhead, wharf, or channel shall cease. This twelve-month notice and waiting period shall not apply if, at the time the landowner provides notice to the lessee or other holder of the oyster or clam grounds in front of his property, the landowner provides the Commissioner sufficient information describing the dimensions and location of the bulkhead, wharf or channel and the Commissioner subsequently finds, in writing, that the proposed bulkhead, wharf or channel will not adversely impact commercially productive oyster or clam grounds. For purposes of this section “commercially productive oyster or clam grounds” are those areas which can be demonstrated to have (i) suitable substrate for oyster or clam production and (ii) evidence of commercial oyster or clam production within the past three years. If the bulkhead, wharf, or channel has not commenced as specified in the notice within three months after the oyster or clam grounds were vacated, the former lessee or holder shall have the right to resume possession of the oyster or clam grounds he has vacated in favor of such landowners, subject to the provisions of this chapter. Any person constructing a channel under this section shall compensate the lessee of any oyster or clam grounds for all losses or damages including the value of the ground taken for the construction of the channel. The lessee shall have recourse under action of the law in the court of the proper jurisdiction of the Commonwealth of Virginia to recover damages.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1984","name":"Assignment, Transfer, Condemnation; Other Grounds","identifier":"3","label":"article","url":"\/28.2\/II\/6\/3\/"},"2":{"id":"41","name":"Planting Grounds","identifier":"6","label":"chapter","url":"\/28.2\/II\/6\/"},"3":{"id":"40","name":"Tidal Fisheries","identifier":"II","label":"subtitle","url":"\/28.2\/II\/"},"4":{"id":"39","name":"Fisheries And Habitat Of The Tidal Waters","identifier":"28.2","label":"title","url":"\/28.2\/"}},"structure_contents":{"0":{"id":"767543","structure_id":"1984","section_number":"28.2-623","catch_line":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","url":"\/28.2-623\/","token":"28.2\/II\/6\/3\/28.2-623"},"1":{"id":"775221","structure_id":"1984","section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624"},"2":{"id":"779054","structure_id":"1984","section_number":"28.2-625","catch_line":"Transfer or assignment","url":"\/28.2-625\/","token":"28.2\/II\/6\/3\/28.2-625"},"3":{"id":"770477","structure_id":"1984","section_number":"28.2-626","catch_line":"Refund of rent paid under mistake","url":"\/28.2-626\/","token":"28.2\/II\/6\/3\/28.2-626"},"4":{"id":"775763","structure_id":"1984","section_number":"28.2-627","catch_line":"Relief from rent","url":"\/28.2-627\/","token":"28.2\/II\/6\/3\/28.2-627"},"5":{"id":"783784","structure_id":"1984","section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628"},"6":{"id":"784367","structure_id":"1984","section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629"},"7":{"id":"786067","structure_id":"1984","section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630"},"8":{"id":"775911","structure_id":"1984","section_number":"28.2-631","catch_line":"Grounds for clams","url":"\/28.2-631\/","token":"28.2\/II\/6\/3\/28.2-631"},"9":{"id":"793205","structure_id":"1984","section_number":"28.2-632","catch_line":"Public clamming grounds","url":"\/28.2-632\/","token":"28.2\/II\/6\/3\/28.2-632"},"10":{"id":"779790","structure_id":"1984","section_number":"28.2-633","catch_line":"Bathing grounds; assignment; rental","url":"\/28.2-633\/","token":"28.2\/II\/6\/3\/28.2-633"}},"previous_section":{"id":"784367","structure_id":"1984","section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629"},"next_section":{"id":"775911","structure_id":"1984","section_number":"28.2-631","catch_line":"Grounds for clams","url":"\/28.2-631\/","token":"28.2\/II\/6\/3\/28.2-631"},"references":[{"id":"767948","section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","url":"\/28.2-1205\/"},{"id":"795136","section_number":"28.2-556","catch_line":"Erosion control devices within the Baylor survey","url":"\/28.2-556\/"}],"formats":{"txt":"\/28.2-630.txt","json":"\/28.2-630.json","xml":"\/28.2-630.xml"},"dublin_core":{"Title":"Rights of riparian owners to build bulkhead or wharf","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-630","Relation":"Code of Virginia"},"plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF RIPARIAN OWNERS TO BUILD BULKHEAD OR WHARF (\u00a7 28.2-630)\n\nAll assignments or leases of oyster or clam grounds under this chapter shall be\nsubject to the rights vested in riparian claimants under Article 1 (\u00a7 28.2-600\net seq.) of this chapter and also to the following condition: That any landowner\nwho desires to erect a bulkhead or wharf in front of his property or to open a\nchannel, and who is not a lessee or riparian holder of suitable bottoms for that\npurpose, shall give the lessee or other holder of oyster or clam grounds in\nfront of his property twelve months’ notice of such intention; and upon\nthe expiration of that time, the rights of the lessee or holder of so much of\nthe oyster or clam grounds as are reasonably needed for building the bulkhead,\nwharf, or channel shall cease. This twelve-month notice and waiting period shall\nnot apply if, at the time the landowner provides notice to the lessee or other\nholder of the oyster or clam grounds in front of his property, the landowner\nprovides the Commissioner sufficient information describing the dimensions and\nlocation of the bulkhead, wharf or channel and the Commissioner subsequently\nfinds, in writing, that the proposed bulkhead, wharf or channel will not\nadversely impact commercially productive oyster or clam grounds. For purposes of\nthis section “commercially productive oyster or clam grounds” are\nthose areas which can be demonstrated to have (i) suitable substrate for oyster\nor clam production and (ii) evidence of commercial oyster or clam production\nwithin the past three years. If the bulkhead, wharf, or channel has not\ncommenced as specified in the notice within three months after the oyster or\nclam grounds were vacated, the former lessee or holder shall have the right to\nresume possession of the oyster or clam grounds he has vacated in favor of such\nlandowners, subject to the provisions of this chapter. Any person constructing a\nchannel under this section shall compensate the lessee of any oyster or clam\ngrounds for all losses or damages including the value of the ground taken for\nthe construction of the channel. The lessee shall have recourse under action of\nthe law in the court of the proper jurisdiction of the Commonwealth of Virginia\nto recover damages.\n\nHISTORY: Code 1950, \u00a7 28-134; 1962, c. 406, \u00a7 28.1-118; 1992, c. 836; 2000, c.\n167."}