080698 Burwell's Bay Improvement Ass'n v. Scott 02/27/2009 In a suit involving riparian rights to construct piers extending from adjoining parcels of land into the waters of the James River, a 1925 or

State: Virginia

Court: Supreme Court

Docket No: 080698

Case Date: 02/27/2009

Plaintiff: 080698 Burwell's Bay Improvement Ass'n

Defendant: Scott 02/27/2009 In a suit involving riparian rights to construct piers extending from adjoining pa

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BURWELL'S BAY IMPROVEMENT ASSOCIATION v. Record No. 080698 OPINION BY JUSTICE DONALD W. LEMONS February 27, 2009

R. FORREST SCOTT, ET AL.

FROM THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY Westbrook J. Parker, Judge In this appeal, we consider whether a 1925 order of the Circuit Court of Isle of Wight County granting to a specified person the "right and privilege" to erect a wharf was sufficient to convey riparian rights to the recipient's successors in interest. I. Facts and Proceedings Below

The Code of Virginia, as in effect in 1924, provided a means by which a private citizen could petition for the privilege to build a wharf: Any person desiring the privilege of erecting a wharf at or on any county landing may, after giving notice of his intention by advertising such notice at some public place near the landing, and also at the front door of the courthouse of such county, on the first day of a term of the circuit court of said county, present to the court at its next term a petition for such privilege. The circuit court may determine the same, and may, in its discretion, grant such privilege and fix such rates and charges upon such conditions and limitations as to it may seem fit.

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