28.2-628 - Condemnation of oyster bottoms and grounds.
§ 28.2-628. Condemnation of oyster bottoms and grounds.
The Department of Transportation and any county, city, or town shall have theright by eminent domain, to acquire any right or interest, partial orcomplete, in and to any oyster bottoms, oyster-planting grounds, or interesttherein necessary for the purpose of such Department or county, city, ortown. The procedure in such cases shall conform to the provisions of Chapter3 (§ 25.1-300 et seq.) of Title 25.1.
The Department of Conservation and Recreation shall have the same right ofeminent domain against the same properties as previously described, where thepurpose of the condemnation is to provide for a navigational improvementbenefiting the Commonwealth and not limited to purposes of any particularcounty, city, or town.
(Code 1950, § 28-122.1; 1950, p. 92; 1962, c. 406, § 28.1-115; 1989, c. 656;1992, c. 836; 2003, c. 940.)