HB735: Bottomlands, submerged; posting of claim.


Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend and reenact § 28.2-1200 of the Code of Virginia, relating to bottomlands conveyed by special grant; trespass; posting.
Patron-- Lingamfelter

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 28.2-1200 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common; grant claims to be posted.

A. All the beds of the bays, rivers, creeks and the shores of the sea within the jurisdiction of the Commonwealth, not conveyed by special grant or compact according to law, shall remain the property of the Commonwealth and may be used as a common by all the people of the Commonwealth for the purpose of fishing, fowling, hunting, and taking and catching oysters and other shellfish. No grant shall be issued by the Librarian of Virginia to pass any estate or interest of the Commonwealth in any natural oyster bed, rock, or shoal, whether or not it ebbs bare.

B. Any property owner who claims a right in a bed of a river or creek within the jurisdiction of the Commonwealth and posts that property against trespass shall also indicate on that post the page citation and the courthouse, government agency, or other public repository where the special grant for that specific property claim is of record.