If a dam is washed out and the owner refuses to replace the dam, the Commissioner of Highways, with or without the consent of such owner or occupier, may construct a highway across the dam, but in case the owner desires to replace the dam and use the pond, he shall be permitted to do so by paying to the Commissioner of Highways one-half of the cost and expenses of replacing the dam, up to a width of 12 feet at the top, and the difference between the cost, if any, of replacing the bridge normally required to carry the water of the stream and the cost of a bridge that includes floodgates and adequate spillway.
Code 1950, § 33-93; 1970, c. 322, § 33.1-179; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams
§ 33.2-403. Business enterprises restricted on limited access highway right-of-way
§ 33.2-404. Service roads parallel to limited access highways; standards for access, service, etc.
§ 33.2-405. Designation of scenic highways and Virginia byways
§ 33.2-406. Selecting Virginia byways
§ 33.2-407. Signage of scenic highways and Virginia byways
§ 33.2-408. Acquisition of adjacent land
§ 33.2-409. Duty of owner or occupier of dam over which state highway passes; penalty
§ 33.2-410. Duties of Commissioner of Highways related to dams over which a state highway passes
§ 33.2-411. Raising or lowering floodgates
§ 33.2-412. Reconstruction if dam is washed out