Bill Text: VA SB603 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Oyster grounds; condemnation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-03-05 - Governor: Acts of Assembly Chapter text (CHAP0162) [SB603 Detail]

Download: Virginia-2014-SB603-Introduced.html

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14103628D
SENATE BILL NO. 603 Offered January 13, 2014 A BILL to amend and reenact §28.2-628 of the Code of Virginia, relating to condemnation of privately leased oyster grounds. ---------- Patron-- Stuart ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That §28.2-628 of the Code of Virginia is amended and reenacted as follows:

§28.2-628. Condemnation of oyster bottoms and grounds.

The Department of Transportation and any county, city, or town locality 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 locality. The procedure in such cases shall conform to the provisions of Chapter 3 (§ 25.1-300 et seq.) of Title 25.1. However, a locality shall not exercise the right by eminent domain to acquire any right or interest, partial or complete, in and to any oyster-planting grounds leased pursuant to Article 1 (§28.2-600 et seq.) or 2 (§ 28.2-603 et seq.) of Chapter 6.

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.