15.2-970 - Construction of dams, levees, seawalls, etc.; certain proceedings prohibited. - Virginia Statutes

§ 15.2-970. Construction of dams, levees, seawalls, etc.; certain proceedingsprohibited.

A. Any locality may construct a dam, levee, seawall or other structure ordevice, or perform dredging operations hereinafter referred to as "works,"the purpose of which is to prevent the tidal erosion, flooding or inundationof such locality, or part thereof. The design, construction, performance,maintenance and operation of any of such works is hereby declared to be aproper governmental function for a public purpose.

B. No person, association or political subdivision shall bring any action atlaw or suit in equity against any locality because of, or arising out of, thedesign, maintenance, performance, operation or existence of such works butnothing herein shall prevent any such action or suit based upon a writtencontract. This provision shall not be construed to authorize the taking ofprivate property without just compensation therefor and provided further thatthe tidal erosion, flooding or inundation of any lands of any other person bythe construction of a dam or levee to impound or control fresh water shall bea taking of such land within the meaning of the foregoing provision.

(Code 1950, § 15-20.6; 1960, c. 516; 1962, c. 623, § 15.1-31; 1966, c. 270;1968, c. 793; 1980, c. 460; 1997, c. 587.)