Sec. 26-249. Private ownership in cultivated shellfish.
Sec. 26-249. Private ownership in cultivated shellfish. Each person who plants
or cultivates oysters, clams or mussels, in any place lawfully designated, shall own them
and also all other oysters, clams or mussels on such place, and have the exclusive right
of taking up and disposing of them and of using such place for the purpose of planting
or cultivating oysters, clams or mussels therein, which place shall be transferable by
written assignment; but nothing herein contained shall affect the rights of any owner of
lands in which there may be saltwater creeks or inlets, or which may be opposite or
contiguous to such navigable waters; nor authorize any shellfish commission or selectmen to designate, nor any person to mark, stake out or enclose, any natural oyster or
clam bed, or infringe upon the free navigation of such waters, or interfere with the
drawing of seines in any place established and customarily used for seine fishing.
(1949 Rev., S. 5084; P.A. 86-225, S. 9.)
History: P.A. 86-225 transferred functions from oyster-ground committees to shellfish commissions.
To dig shellfish between high and low water marks is a common right. 5 D. 22. Riparian owner may wharf or channel.
62 C. 139. Cited. 112 C. 214. Cited. 177 C. 287.
When one has franchise to oyster ground, town liable for damage it causes by laying sewer pipes. 12 CS 135.