SD1 - A Report on a Survey Made Under an Act Approved February 26, 1894, With Reference to the Riparian Rights on Fox Island in Accomac County

  • Published: 1897
  • Author: Special Joint Commission
  • Enabling Authority: JR (Regular Session, 1896)

Executive Summary:
At the session of the General Assembly of Virginia, 1895-6, a joint resolution was adopted to appoint a committee to investigate and report upon a certain survey made under an act approved February 26th, 1894, with reference to the riparian rights on Fox Island in Accomac County. The undersigned were appointed on said Committee and have performed the duties mentioned in said resolution, and now respectfully submit this report.

Your Committee has very carefully studied the true meaning and intent of the resolution under which it had to act; (see "Resolution," Acts of Assembly 1895-6., p. 773); also had to construe the act of the General Assembly entitled "An Act to define and establish by straight lines, the low-water mark lines for the riparian owner of the shores of Fox Island or Fox Islands, in the county of Accomac in the State of Virginia," "approved February 26th, 1894." (See Acts of Assembly 1893-4, pp.469-70-71).

The preamble to the joint resolution, under which your Committee is now acting, states:

"Whereas a survey was made and lines established, by which it does not appear that the aforesaid act has been properly complied with according to its true intent and meaning, or with due and proper observance of the interests of the State."

The resolution directs that the Committee "investigate into the facts pertaining to said survey and the establishing of the lines aforesaid, and to report as to what further action should be taken in the premises, and pending the next session of the General Assembly, the attorney-general shall institute proceedings to protect the interests of the Commonwealth in the proper Court, should said Committee report to him that the property rights of the Commonwealth are being infringed upon by said Ellinger."