28.2-601 - Riparian assignments; entitlements; obligations.
§ 28.2-601. Riparian assignments; entitlements; obligations.
The riparian leaseholder shall have the exclusive right to the use of suchground for planting or gathering oysters and clams.
The assignment made pursuant to § 28.2-600 shall pass with the transfer ofthe adjacent highland to the subsequent owner of highland and cannot be heldseparated from the highland. A transfer of highland ownership shall require atransfer of the riparian assignment within eighteen months after the transferof the highland ownership under the following conditions:
1. The application for transfer shall be in the form prescribed by theCommission and shall be filed with the Commissioner.
2. The Commissioner shall require a new survey if there is not a survey ofthe exact parcel or parcels of grounds to be transferred.
3. The cost of any new surveys required under this section shall be borne bythe person making the transfer, and the cost and fees shall be the same asfor surveys of general oyster-planting ground.
4. The application shall be accompanied by a transfer fee of five dollars.
5. The Commissioner shall return the approved application for transfer andplat with any correction to the applicant. A copy of the transfer and platshall be recorded at the Commissioner's office.
6. If no application for transfer is received by the Commissioner withineighteen months after the transfer of the highland ownership, the riparianassignment shall become vacant and open to assignment.
(Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517;1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c.256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836.)