Code of Virginia - Title 28.2 Fisheries And Habitat Of The Tidal Waters - Section 28.2-628 Condemnation of oyster bottoms and grounds

§ 28.2-628. Condemnation of oyster bottoms and grounds

The Department of Transportation and any county, city, or town shall have the right by eminent domain, to acquire any right or interest, partial or complete, in and to any oyster bottoms, oyster-planting grounds, or interest therein necessary for the purpose of such Department or county, city, or town. The procedure in such cases shall conform to the provisions of Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.

The Department of Conservation and Recreation shall have the same right of eminent domain against the same properties as previously described, where the purpose of the condemnation is to provide for a navigational improvement benefiting the Commonwealth and not limited to purposes of any particular county, city, or town.

(Code 1950, § 28-122.1; 1950, p. 92; 1962, c. 406, § 28.1-115; 1989, c. 656; 1992, c. 836; 2003, c. 940.)

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Last modified: April 16, 2009