{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-623.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-623.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-623.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-623.html"}],"law_id":356735,"edition_id":2,"section_id":356735,"structure_id":51056,"section_number":"28.2-623","catch_line":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","history":"1976, c. 557, \u00a7 28.1-109.1; 1992, c. 836.","full_text":"Whenever leased oyster ground in the Lynnhaven River and its tributaries has been condemned by the Commissioner of the State Department of Health for not less than 180 consecutive days, other than regular seasonal condemnation, the lessee, after prior written notice to the Commission, may choose not to pay the rent on the condemned acreage for the year immediately following the year in which the one hundred eightieth day of condemnation occurs. This choice may continue until the condemnation is terminated. However, if the lessee makes such a choice, (i) oysters or clams shall not be taken from such leased area by the lessee for any reason during the condemnation period; (ii) the lease shall continue to run; and (iii) the lessee may renew the lease as provided by law. The Commissioner may not make a new lease assignment or transfer an existing lease that lies wholly or partially within a condemned area unless the applicant executes a release that he will not exercise his rights under this section for the duration of the lease.\n\n","order_by":null,"text":{"0":{"id":1327936,"text":"Whenever leased oyster ground in the Lynnhaven River and its tributaries has been condemned by the Commissioner of the State Department of Health for not less than 180 consecutive days, other than regular seasonal condemnation, the lessee, after prior written notice to the Commission, may choose not to pay the rent on the condemned acreage for the year immediately following the year in which the one hundred eightieth day of condemnation occurs. This choice may continue until the condemnation is terminated. However, if the lessee makes such a choice, (i) oysters or clams shall not be taken from such leased area by the lessee for any reason during the condemnation period; (ii) the lease shall continue to run; and (iii) the lessee may renew the lease as provided by law. The Commissioner may not make a new lease assignment or transfer an existing lease that lies wholly or partially within a condemned area unless the applicant executes a release that he will not exercise his rights under this section for the duration of the lease.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51056,"edition_id":2,"name":"Assignment, Transfer, Condemnation; Other Grounds","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":51053,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 02:36:37","date_modified":"2026-08-02 12:31:45","permalink":{"id":1418581,"object_type":"structure","relational_id":51056,"identifier":"3","token":"28.2\/II\/6\/3","url":"\/28.2\/II\/6\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51053,"edition_id":2,"name":"Planting Grounds","identifier":"6","label":"chapter","depth":3,"order_by":5,"parent_id":50998,"metadata":{"child_laws":54,"child_structures":4},"date_created":"2026-08-02 02:36:34","date_modified":"2026-08-02 12:31:45","permalink":{"id":1418475,"object_type":"structure","relational_id":51053,"identifier":"6","token":"28.2\/II\/6","url":"\/28.2\/II\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50998,"edition_id":2,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":50994,"metadata":{"child_laws":289,"child_structures":42},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:42","permalink":{"id":1417675,"object_type":"structure","relational_id":50998,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50994,"edition_id":2,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":70,"parent_id":null,"metadata":{"child_laws":386,"child_structures":71},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417591,"object_type":"structure","relational_id":50994,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356735,"structure_id":51056,"section_number":"28.2-623","catch_line":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","url":"\/28.2-623\/","token":"28.2\/II\/6\/3\/28.2-623","metadata":false},{"id":356736,"structure_id":51056,"section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624","metadata":false},{"id":356737,"structure_id":51056,"section_number":"28.2-625","catch_line":"Transfer or assignment","url":"\/28.2-625\/","token":"28.2\/II\/6\/3\/28.2-625","metadata":false},{"id":356738,"structure_id":51056,"section_number":"28.2-626","catch_line":"Refund of rent paid under mistake","url":"\/28.2-626\/","token":"28.2\/II\/6\/3\/28.2-626","metadata":false},{"id":356740,"structure_id":51056,"section_number":"28.2-627","catch_line":"Relief from rent","url":"\/28.2-627\/","token":"28.2\/II\/6\/3\/28.2-627","metadata":false},{"id":356739,"structure_id":51056,"section_number":"28.2-627.1","catch_line":"Oyster Leasing, Conservation, and Repletion Programs Fund","url":"\/28.2-627.1\/","token":"28.2\/II\/6\/3\/28.2-627.1","metadata":false},{"id":356741,"structure_id":51056,"section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628","metadata":false},{"id":356742,"structure_id":51056,"section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629","metadata":false},{"id":356743,"structure_id":51056,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630","metadata":false},{"id":356744,"structure_id":51056,"section_number":"28.2-631","catch_line":"Grounds for clams","url":"\/28.2-631\/","token":"28.2\/II\/6\/3\/28.2-631","metadata":false},{"id":356745,"structure_id":51056,"section_number":"28.2-632","catch_line":"Public clamming grounds","url":"\/28.2-632\/","token":"28.2\/II\/6\/3\/28.2-632","metadata":false},{"id":356746,"structure_id":51056,"section_number":"28.2-633","catch_line":"Bathing grounds; assignment; rental","url":"\/28.2-633\/","token":"28.2\/II\/6\/3\/28.2-633","metadata":false}],"next_section":{"id":356736,"structure_id":51056,"section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-623\/","history_text":"<p>This law was first created in 1976. The record of its establishment is cataloged in chapter 557 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1992, chapter 836.<\/p>","references":false,"refers_to":false,"permalink":{"id":1418583,"object_type":"law","relational_id":356735,"identifier":"28.2-623","token":"28.2\/II\/6\/3\/28.2-623","url":"\/28.2-623\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-623\/","token":"28.2\/II\/6\/3\/28.2-623","dublin_core":{"Title":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-623","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever leased oyster ground in the Lynnhaven River and its tributaries has been condemned by the <span class=\"dictionary\">Commissioner<\/span> of the State Department of Health for not less than 180 consecutive days, other than regular seasonal condemnation, the lessee, after prior written notice to the <span class=\"dictionary\">Commission<\/span>, may choose not to pay the rent on the condemned acreage for the year immediately following the year in which the one hundred eightieth day of condemnation occurs. This choice may continue until the condemnation is terminated. However, if the lessee makes such a choice, (i) oysters or clams shall not be taken from such leased area by the lessee for any reason during the condemnation period; (ii) the lease shall continue to run; and (iii) the lessee may renew the lease as provided by <span class=\"dictionary\">law<\/span>. The <span class=\"dictionary\">Commissioner<\/span> may not make a new lease assignment or transfer an existing lease that lies wholly or partially within a condemned area unless the applicant executes a release that he will not exercise his rights under this section for the duration of the lease.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXCUSING RENT PAYMENT ON CONDEMNED OYSTER GROUNDS IN THE LYNNHAVEN RIVER AND\nTRIBUTARIES (\u00a7 28.2-623)\n\nWhenever leased oyster ground in the Lynnhaven River and its tributaries has\nbeen condemned by the Commissioner of the State Department of Health for not\nless than 180 consecutive days, other than regular seasonal condemnation, the\nlessee, after prior written notice to the Commission, may choose not to pay the\nrent on the condemned acreage for the year immediately following the year in\nwhich the one hundred eightieth day of condemnation occurs. This choice may\ncontinue until the condemnation is terminated. However, if the lessee makes such\na choice, (i) oysters or clams shall not be taken from such leased area by the\nlessee for any reason during the condemnation period; (ii) the lease shall\ncontinue to run; and (iii) the lessee may renew the lease as provided by law.\nThe Commissioner may not make a new lease assignment or transfer an existing\nlease that lies wholly or partially within a condemned area unless the applicant\nexecutes a release that he will not exercise his rights under this section for\nthe duration of the lease.\n\nHISTORY: 1976, c. 557, \u00a7 28.1-109.1; 1992, c. 836.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}