33.1-179 - Reconstruction if dam is washed out. - Virginia Statutes

§ 33.1-179. Reconstruction if dam is washed out.

In case such a dam is washed out and the owner refuses to replace the same,the Commissioner, with or without the consent of such owner or occupier, mayconstruct a highway across the same; but in case the owner desires to replacethe dam and use the pond, he shall be permitted to do so by paying to theCommissioner one half of the cost and expenses of replacing the dam, up to awidth of twelve feet at the top, and the difference between the cost, if any,of replacing the bridge normally required to carry the water of the streamand the cost of a bridge which includes floodgates and adequate spillway.

(Code 1950, § 33-93; 1970, c. 322.)