28.2-629 - Rights of owner to waters within lawful survey. - Virginia Statutes

§ 28.2-629. Rights of owner to waters within lawful survey.

If any creek, cove, or inlet within the jurisdiction of this Commonwealthflows into or runs through the lands of any person, is less than 100 yards inwidth at mean low water, and is comprised within the limits of his lawfulsurvey, as defined in § 28.2-1202, such person or other lawful occupant shallhave the exclusive right to use the creek, cove, or inlet for sowing orplanting oysters or other shellfish. However, in the County of Mathews theowners or lawful occupants of land on both sides of any creek, cove, orinlet, except Horn Harbor, Winter Harbor, and Milford Haven, suitable for theplanting of oysters, above the point where such creek, cove, or inlet is 100yards in width, shall have the exclusive right to use such creek, cove, orinlet for planting oysters. The right of the owners or occupants of land onthe opposite sides of such creek, cove, or inlet extends to the middle of thechannel.

(Code 1950, § 28-132; 1962, c. 406, § 28.1-116; 1964, c. 393; 1966, c. 656;1968, cc. 659, 747; 1972, c. 539; 1992, c. 836.)