62.1-8 - Limitation on power of courts to grant leave to erect dams. - Virginia Statutes

§ 62.1-8. Limitation on power of courts to grant leave to erect dams.

Where a watercourse is navigable, or by law declared a public highway, nocourt shall grant leave to any person to erect in that part of it any damwhich will obstruct ordinary navigation or the passage of fish; and where anylaw has been or shall be enacted for opening, improving or extending thenavigation of a watercourse no court shall, while such law is in force, grantleave to any person to erect any dam or other obstruction across or in suchwatercourse which will in any way interfere with the navigation thereofwithout express authority of law or the consent of the company incorporatedto open, improve or extend such navigation. Any such dam shall,notwithstanding it may be built under such leave, be deemed a nuisance, andmay be abated as such, or such company or the Commonwealth may make a lock orlocks in such dam for the passage of vessels and boats without being requiredto make any compensation therefor.

(Code 1950, § 62-6; 1968, c. 659.)