Legal Opinion

Working Waterman's Ass'n of Virginia, Inc. v. Seafood Harvesters, Inc.

Supreme Court of Virginia

Decided March 9, 1984No. Record 821800; Record 821809PublishedCited by 19 opinions

1Opinion of the CourtCompton, J.

We granted this appeal to determine whether a statute regulating the method of removing hard-shell clams from subaqueous beds is unconstitutional as applied to certain private persons who use the prohibited method on beds leased from the Commonwealth.

Generally, all the beds of the bays, rivers, creeks, and the shores of the sea within the jurisdiction of the Commonwealth are the property of the State and may be used in common by all citizens for fishing and fowling and for taking oysters and other shellfish. Code § 62.1-1. Some publicly held seabeds are available for lease by way of…

2Cases cited10 opinions

  1. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  2. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
  3. Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
  4. Stone v. MississippiSupreme Court of the United States · 1880
  5. Manigault v. SpringsSupreme Court of the United States · 1905

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3Cited by19 opinions

  1. Etheridge v. Medical Center HospitalsSupreme Court of Virginia · 1989
  2. Coleman v. City of RichmondCourt of Appeals of Virginia · 1988
  3. Heublein, Inc. v. Department of Alcoholic Beverage Control of CommonwealthSupreme Court of Virginia · 1989
  4. King v. Virginia Birth-Related Neurological Injury Compensation ProgramSupreme Court of Virginia · 1991
  5. Commonwealth v. Smoky Mountain Secrets, Inc.Richmond County Circuit Court · 1996

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