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2014 SESSION
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, other than a water-dependent linear
wastewater project where there is no practical alternative and the project is
subject to permitting under the State Water Control Law (§ 62.1-44.2 et seq.).
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 locality.