28.2-618 - Commonwealth guarantees rights of renter subject to right of fishing. - Virginia Statutes

§ 28.2-618. Commonwealth guarantees rights of renter subject to right offishing.

The Commonwealth shall guarantee to any person who has complied with groundassignment requirements the absolute right to continue to use and occupy theground for the term of the lease, subject to:

1. Section 28.2-613;

2. Riparian rights;

3. The right of fishing in waters above the bottoms, provided (i) that noperson exercising the right of fishing shall use any device which is fixed tothe bottom, or which, in any way, interferes with the renter's rights ordamages the bottoms, or the oysters planted thereon, and (ii) that crab potsand gill nets which are not staked to the bottom shall not be considereddevices which are fixed to the bottom unless the crab pots and gill nets areused over planted oyster beds in waters of less than four feet at mean lowwater on the seaside of Northampton and Accomack Counties; and

4. Established fishing stands, but only if the fishing stand license fee istimely received from the existing licensee of the fishing stand and no newapplicant shall have priority over the oyster lease. However, a fishingstand location assigned prior to the lease of the oyster ground is a vestedinterest, a chattel real, and an inheritable right which may be transferredor assigned whenever the current licensee complies with all existing laws.

(Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406,§ 28.1-109(15); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973,c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836.)