Bottomlands conveyed by special grant; establishes presumption in civil action for trespass, etc. (HB934)

Introduced By

Del. Scott Lingamfelter (R-Woodbridge)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Bottomlands conveyed by special grant; trespass; proof.  Establishes a presumption in a private civil action for trespass upon bottomlands alleged to have been conveyed by a special grant or compact that such bottomlands are owned by the Commonwealth. This presumption only applies in such an action and does not otherwise affect any person's property rights. The plaintiff may rebut this presumption by establishing his ownership by a preponderance of the evidence. Read the Bill »


Bill Has Failed


01/11/2012Prefiled and ordered printed; offered 01/11/12 12100653D
01/11/2012Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/23/2012Assigned ACNRsub: Chesapeake
02/02/2012Subcommittee recommends laying on the table
02/14/2012Left in Agriculture, Chesapeake and Natural Resources


Ben Grace writes:

This bill is unconstitutional and an affront to property owner's long established rights.
The Jackson River was posted and the DGIF was and is inthe wrong.
You should not give in to nationally funded groups who dislike the laws of the Commonwealth.
If it was not for these people dynamiting all the beaver dams the rivers would be blocked with thousands of deforested flooded lands covered with ponds.
The issue here is not nature but their desire to run rivers unobstructed and to have tax payers pay to grow and release pond raised fish that are often caught the day of release using bait the same color as the fish food paid with our tax dollars.
Property owners should not have to fight the EPA and DEQ and the DGIF and agenda 21 just to protect land deeded to them. Also these lands have paid taxes for over two hundred and fifty years or more.
Your bill is communist at best and a land grab for lobbyist.
Please file this bill in the trash and fight for land owner's rights instead.
Thank You for your consideration in this matter
Yours Truly,
Ben Grace