28.2-623 - Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries. - Virginia Statutes

§ 28.2-623. Excusing rent payment on condemned oyster grounds in theLynnhaven River and tributaries.

Whenever leased oyster ground in the Lynnhaven River and its tributaries hasbeen condemned by the Commissioner of the State Department of Health for notless than 180 consecutive days, other than regular seasonal condemnation, thelessee, after prior written notice to the Commission, may choose not to paythe rent on the condemned acreage for the year immediately following the yearin which the one hundred eightieth day of condemnation occurs. This choicemay continue until the condemnation is terminated. However, if the lesseemakes such a choice, (i) oysters or clams shall not be taken from such leasedarea by the lessee for any reason during the condemnation period; (ii) thelease shall continue to run; and (iii) the lessee may renew the lease asprovided by law. The Commissioner may not make a new lease assignment ortransfer an existing lease that lies wholly or partially within a condemnedarea unless the applicant executes a release that he will not exercise hisrights under this section for the duration of the lease.

(1976, c. 557, § 28.1-109.1; 1992, c. 836.)