VMRC over turns VB Wetlands Board decision

[`bucket]

Indigo Dunes Development on the Lynnhaven Update 7/25/07
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Courtesy of the VMRC Board today, we all took a step back on this proposed hi-density development on the Lynnhaven

Here's the update:

ARTICLE: Indigo Dunes project in Virginia Beach clears one state hurdle (The Virginian-Pilot - HamptonRoads.com/PilotOnline.com) plenty of Virginia Pilot blog comment already posted!!

Help save the Lynnhaven and protect public access! If you want support the No Inddigo Dunes effort, find out more @ NO INDIGO DUNES :: Shore Drive Community Coalition - Virginia Beach Virginia

TF Surf Board `bucket

[boats]

Bucket

Was cutting past the site in my yak the other day and saw one of VB's finest talking to some wadeing fisherman. I did not linger but wondered if the Sandlers are enforcing no tressassing there now.

It's one of the better wading spots around but I only access it from a boat. Whats the word ?

Boats

[JDSeiders]

Blows chunks, but the way I see it they're 1-1 with a bunch of hoops left to go. Hope the next group they face has more sense.

[Tom Powers]

The word is (and it is more or less official) that they have hired off duty officers to enforce the No Trespassing signs.

Tom

[AndyMedic]

If you walk to the water and walk over you should be ok to fish there shouldnt you?

[solar]

isn't there some kind of virginia law on bodies of water that allow access for 'x' number of feet along the shoreline?

[Tom Powers]

Generally, private property extends to mean low water.

§ 28.2-1202 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-1202). Rights of owners to extend to mean low-water mark.
A. Subject to the provisions of § 28.2-1200 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-1200), the limits or bounds of the tracts of land lying on the bays, rivers, creeks and shores within the jurisdiction of the Commonwealth, and the rights and privileges of the owners of such lands, shall extend to the mean low-water mark but no farther, except where a creek or river, or some part thereof, is comprised within the limits of a lawful survey.
B. For purposes of this section, "lawful survey" means the boundaries of any land, including submerged lands, held under a special grant or compact as required by § 28.2-1200 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-1200), such boundaries having been determined by generally accepted surveying methods and evidenced by a plat or map thereof recorded in the circuit court clerk's office of the county or city in which the land lies.




Here is 28.2-1200



§ 28.2-1200 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-1200). Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common.
All the beds of the bays, rivers, creeks and the shores of the sea within the jurisdiction of the Commonwealth, not conveyed by special grant or compact according to law, shall remain the property of the Commonwealth and may be used as a common by all the people of the Commonwealth for the purpose of fishing, fowling, hunting, and taking and catching oysters and other shellfish. No grant shall be issued by the Librarian of Virginia to pass any estate or interest of the Commonwealth in any natural oyster bed, rock, or shoal, whether or not it ebbs bare.




These are referring to kings grant rivers none of which are around the tidewater area.



I think that part of the point of the no trespassing signs is to even prohibit cutting across the property. From the sounds of things the only way you can access the area is to wade in.




Tom

[`bucket]

ARTICLE: Indigo Dunes project in Virginia Beach clears one state hurdle (The Virginian-Pilot - HamptonRoads.com/PilotOnline.com) (http://content.hamptonroads.com/story.cfm?story=129099&ran=5728)

[fishbone74]

Tidewater area if I remember right in real estate school the persons land is only up to where the mean high tide mark is ,, but then again these rules could have changed as its been a few years since I have takin this class. As laws are changed every year.

[Tom Powers]

Fishbone. . The law quoted above applies to all waters in VA. The law was last changed in 1992 but I suspect that those changes were only in the numbering system. Before that it was 1972

Tom