Sec. 26-247. Removal of beds improperly staked.
Sec. 26-247. Removal of beds improperly staked. When any natural oyster or
clam bed, or any part thereof, within town jurisdiction, has been designated, enclosed
or staked out, contrary to the provisions of this chapter, the superior court for the judicial
district in which such bed is situated, upon the petition of any individual aggrieved, or
of the town in which such bed is situated, against the person claiming the same, and the
chairman of the shellfish commission appointed by such town, when such petition is
brought by an individual, shall appoint a committee, which, having been sworn and
given notice to the parties, shall hear such petition and report the facts thereon to said
court. If it appears that such bed has been improperly staked out, the court may order
such commission to remove the stakes enclosing the same, and costs to be paid at the
discretion of the court; but, when oysters have been planted or cultivated or improvements made, before such petition is brought, by any person, in good faith, to whom such
designations have been made, or by any assignee of such person, the court shall give
him a reasonable time to remove such oysters and improvements.
(1949 Rev., S. 5082; P.A. 76-436, S. 606, 681; P.A. 78-280, S. 1, 127; P.A. 86-225, S. 7.)
History: P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts,
effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 86-225 transferred functions of oyster-ground
committees to shellfish commissions.
In the absence of legislative authority the state can only invoke judicial action. 48 C. 447; 55 C. 266. Clams and oysters
are distinct species of shellfish. Id., 265. Title to natural bed cannot be gained by adverse possession; this provision is
constitutional. 56 C. 509. The provision for removal of stakes is not designed as a method of trying title; nor the provision
allowing time for removal of oysters, to restrict public rights, but to prevent sudden and forcible ejectment; no recovery
allowed for taking a few cents' worth of planted oysters intermingled with natural growth. 66 C. 285.