28.2-1511 - Claims to ungranted shores of the sea, marsh and meadowlands proposed for designation in amended or supplemental inventory.
§ 28.2-1511. Claims to ungranted shores of the sea, marsh and meadowlandsproposed for designation in amended or supplemental inventory.
A. The Commission shall not file any amended or supplemental inventory, ifsuch amended or supplemental inventory initially designates a parcel of landas ungranted shores of the sea, marsh or meadowland, unless the Commissionhas approved such amended or supplemental inventory as provided in §28.2-1510. The Commission shall give notice of its intention to file suchamended or supplemental inventory to any person listed as having an ownershipinterest in such land in the land records of the circuit court for thecounty. The notice shall be sent by postpaid mail to the address of theperson as shown on the land book. The Commission shall also cause notice ofits intent to file an amended or supplemental inventory to be published in anewspaper of general circulation in the county where such land is located.
B. Any person claiming ownership of an interest in lands described in anotice given pursuant to subsection A may bring an action for declaratoryjudgment to determine title to the land pursuant to § 8.01-184, to establishthe boundaries to land pursuant to § 8.01-179, or an action of ejectmentpursuant to § 8.01-131. Any such action shall be brought within two yearsfollowing publication of the notice pursuant to subsection A; however, thefailure of a person claiming ownership of such lands to commence an actionwithin the two-year period as provided in this subsection shall not bar suchperson from asserting a claim of ownership as provided in § 28.2-1509.
C. If an action is not commenced within the two-year period as provided insubsection B, the Commission may file an amended or supplemental inventorydesignating as ungranted shores of the sea, marsh or meadowlands the parcelsas to which no action has been commenced. Upon filing the amended orsupplemental inventory, the Commission shall cause to be published a noticeas provided in subsection B of § 28.2-1507.
D. If an action is commenced within the two-year period as provided insubsection B, the Commission shall not, during the pendency of the action,file an amended or supplemental inventory designating the land which is thesubject of the action as ungranted shores of the sea, marsh or meadowlands.Upon the entry of a final judgment ruling that any of such land is not theproperty of the Commonwealth, the Commission shall correct the amended orsupplemental inventory to remove any designation of such land as ungrantedshores of the sea, marsh or meadowland. The Commission may then file thecorrected amended or supplemental inventory. Upon the entry of a finaljudgment ruling that such land is the property of the Commonwealth, theCommission may file an amended or supplemental inventory designating suchland as ungranted shores of the sea, marsh or meadowlands, and further suchfinal judgment shall bar the assertion of a like claim in any action broughtto assert ownership of such land pursuant to § 28.2-1509. Upon filing anamended or supplemental inventory, the Commission shall cause to be publishedthe notice as provided in subsection B of § 28.2-1507.
(1995, c. 850.)