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28.2-1201 - Ungranted islands which rise from lands which are property of the Commonwealth.

§ 28.2-1201. Ungranted islands which rise from lands which are property ofthe Commonwealth.

A. Except as otherwise provided in subsections B and C hereof, all ungrantedislands which rise by natural or artificial causes from the beds of bays,rivers and creeks that are ungranted under § 28.2-1200 shall remain theproperty of the Commonwealth and shall be managed by the Commission asprovided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title. Incase of any conflict between the provisions of this subsection and the commonlaw of accretion, reliction and avulsion, such common law shall control.

B. Any island or land that is owned by the Commonwealth, whether currently inexistence or subsequently created, that now or hereafter abuts a barrierisland of the Eastern Shore shall remain the property of the Commonwealth andshall be managed by the Commission as provided in Article 2 (§ 28.2-1503 etseq.) of Chapter 15 of this title.

C. This section shall not apply to accretions to privately owned lands orislands, whether or not they are used as commons.

(1991, c. 378, § 41.1-4.1; 1992, c. 836; 1995, c. 850.)

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