Inland Recreational Fishing Rights in Virginia: Implications of the Virginia Supreme Court Case Kraft v. Burr

Abstract

The paper gives an overview of inland fishing rights in Virginia. The purpose of this paper is to (1) investigate the property rights structure of the recreational inland fishery in Virginia prior to 1996, (2) examine the 1996 Supreme Court ruling in Kraft v. Burr, and (3) examine the possible implications of this ruling on the future of recreational fishing rights in Virginia. The Kraft decision does not represent an immediate change in the nature of inland recreational fishing rights in Virginia. This decision, however, could prompt some riparian landowners holding land granted during the colonial period to claim exclusive fishing rights.