When any natural oyster or clam bed, or any part thereof, within town jurisdiction, has been designated, enclosed or staked out, contrary to the provisions of this chapter, the superior court for the judicial district in which such bed is situated, upon the petition of any individual aggrieved, or of the town in which such bed is situated, against the person claiming the same, and the chairman of the shellfish commission appointed by such town, when such petition is brought by an individual, shall appoint a committee, which, having been sworn and given notice to the parties, shall hear such petition and report the facts thereon to said court. If it appears that such bed has been improperly staked out, the court may order such commission to remove the stakes enclosing the same, and costs to be paid at the discretion of the court; but, when oysters have been planted or cultivated or improvements made, before such petition is brought, by any person, in good faith, to whom such designations have been made, or by any assignee of such person, the court shall give him a reasonable time to remove such oysters and improvements.
(1949 Rev., S. 5082; P.A. 76-436, S. 606, 681; P.A. 78-280, S. 1, 127; P.A. 86-225, S. 7.)
History: P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 86-225 transferred functions of oyster-ground committees to shellfish commissions.
In the absence of legislative authority, the state can only invoke judicial action. 48 C. 447; 55 C. 266. Clams and oysters are distinct species of shellfish. Id., 265. Title to natural bed cannot be gained by adverse possession; section is constitutional. 56 C. 509. Provision for removal of stakes is not designed as a method of trying title; nor provision allowing time for removal of oysters, to restrict public rights, but to prevent sudden and forcible ejectment; no recovery allowed for taking a few cents' worth of planted oysters intermingled with natural growth. 66 C. 285.
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