Sec. 26-240. Town ground; designation; designation requirements and prohibitions; hearing.

(b) Notwithstanding the provisions of subsection (a) of this section, any owner of a utility line or public use structure that impacts a designated area shall pay to the designee the costs of removing or relocating any shellfish. Nothing in this subsection shall be construed to prohibit the state, the shellfish commission, the board of selectmen or a designee from recovering damages incurred by the state, the shellfish commission, the board of selectmen or the designee caused by the installation, construction or presence of such utility line or public use structure.

Designation of natural oyster ground is invalid; may be so shown by parol. 37 C. 320; 42 C. 255; 56 C. 509; 64 C. 217; 66 C. 285. There can be no title by adverse possession, as against the state; section is constitutional; town designation is seemingly perpetual. 56 C. 509. No right, adverse to the public, is acquired until the ground is staked. 57 C. 576. Right of upland proprietor to wharf and channel is not affected by an oyster-ground designation to another. 62 C. 132. Evidence as to boundaries considered. 74 C. 374. Cited. 89 C. 7. Recipients of designations took the same subject to such rights as existed in town to discharge sewage; nature of rights acquired. 112 C. 215.