{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-412.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-412.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-412.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-412.html"}],"law_id":83442,"edition_id":1,"section_id":83442,"structure_id":13610,"section_number":"33.2-412","catch_line":"Reconstruction if dam is washed out","history":"Code 1950, \u00a7 33-93; 1970, c. 322, \u00a7 33.1-179; 2014, c. 805.","full_text":"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.","order_by":null,"text":{"0":{"id":299008,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13610,"edition_id":1,"name":"Limited Access Highways, Scenic Highways and Virginia Byways, and Highways Over Dams","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":206049,"object_type":"structure","relational_id":13610,"identifier":"4","token":"33.2\/II\/4","url":"\/33.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83388,"structure_id":13610,"section_number":"33.2-400","catch_line":"Definitions","url":"\/33.2-400\/","token":"33.2\/II\/4\/33.2-400","metadata":false},{"id":56950,"structure_id":13610,"section_number":"33.2-401","catch_line":"Power and authority of Commonwealth Transportation Board relating to limited access highways","url":"\/33.2-401\/","token":"33.2\/II\/4\/33.2-401","metadata":false},{"id":82635,"structure_id":13610,"section_number":"33.2-402","catch_line":"Designating existing highway as limited access highway; extinguishing easements of access","url":"\/33.2-402\/","token":"33.2\/II\/4\/33.2-402","metadata":false},{"id":77108,"structure_id":13610,"section_number":"33.2-403","catch_line":"Business enterprises restricted on limited access highway right-of-way","url":"\/33.2-403\/","token":"33.2\/II\/4\/33.2-403","metadata":false},{"id":82620,"structure_id":13610,"section_number":"33.2-404","catch_line":"Service roads parallel to limited access highways; standards for access, service, etc","url":"\/33.2-404\/","token":"33.2\/II\/4\/33.2-404","metadata":false},{"id":65836,"structure_id":13610,"section_number":"33.2-405","catch_line":"Designation of scenic highways and Virginia byways","url":"\/33.2-405\/","token":"33.2\/II\/4\/33.2-405","metadata":false},{"id":77456,"structure_id":13610,"section_number":"33.2-406","catch_line":"Selecting Virginia byways","url":"\/33.2-406\/","token":"33.2\/II\/4\/33.2-406","metadata":false},{"id":64083,"structure_id":13610,"section_number":"33.2-407","catch_line":"Signage of scenic highways and Virginia byways","url":"\/33.2-407\/","token":"33.2\/II\/4\/33.2-407","metadata":false},{"id":58655,"structure_id":13610,"section_number":"33.2-408","catch_line":"Acquisition of adjacent land","url":"\/33.2-408\/","token":"33.2\/II\/4\/33.2-408","metadata":false},{"id":68228,"structure_id":13610,"section_number":"33.2-409","catch_line":"Duty of owner or occupier of dam over which state highway passes; penalty","url":"\/33.2-409\/","token":"33.2\/II\/4\/33.2-409","metadata":false},{"id":54579,"structure_id":13610,"section_number":"33.2-410","catch_line":"Duties of Commissioner of Highways related to dams over which a state highway passes","url":"\/33.2-410\/","token":"33.2\/II\/4\/33.2-410","metadata":false},{"id":84009,"structure_id":13610,"section_number":"33.2-411","catch_line":"Raising or lowering floodgates","url":"\/33.2-411\/","token":"33.2\/II\/4\/33.2-411","metadata":false},{"id":83442,"structure_id":13610,"section_number":"33.2-412","catch_line":"Reconstruction if dam is washed out","url":"\/33.2-412\/","token":"33.2\/II\/4\/33.2-412","metadata":false},{"id":58004,"structure_id":13610,"section_number":"33.2-413","catch_line":"When larger spillway required","url":"\/33.2-413\/","token":"33.2\/II\/4\/33.2-413","metadata":false},{"id":78285,"structure_id":13610,"section_number":"33.2-414","catch_line":"Application to county roads","url":"\/33.2-414\/","token":"33.2\/II\/4\/33.2-414","metadata":false}],"previous_section":{"id":84009,"structure_id":13610,"section_number":"33.2-411","catch_line":"Raising or lowering floodgates","url":"\/33.2-411\/","token":"33.2\/II\/4\/33.2-411","metadata":false},"next_section":{"id":58004,"structure_id":13610,"section_number":"33.2-413","catch_line":"When larger spillway required","url":"\/33.2-413\/","token":"33.2\/II\/4\/33.2-413","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-412\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 322; in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":206099,"object_type":"law","relational_id":83442,"identifier":"33.2-412","token":"33.2\/II\/4\/33.2-412","url":"\/33.2-412\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-412\/","token":"33.2\/II\/4\/33.2-412","dublin_core":{"Title":"Reconstruction if dam is washed out","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-412","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a dam is washed out and the owner refuses to replace the dam, the Commissioner of Highways<\/span>, with or without the consent of such owner or occupier, may construct a highway<\/span> 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<\/span> 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECONSTRUCTION IF DAM IS WASHED OUT (\u00a7 33.2-412)\n\nIf a dam is washed out and the owner refuses to replace the dam, the\nCommissioner of Highways, with or without the consent of such owner or occupier,\nmay construct a highway across the dam, but in case the owner desires to replace\nthe dam and use the pond, he shall be permitted to do so by paying to the\nCommissioner of Highways one-half of the cost and expenses of replacing the dam,\nup to a width of 12 feet at the top, and the difference between the cost, if\nany, of replacing the bridge normally required to carry the water of the stream\nand the cost of a bridge that includes floodgates and adequate spillway.\n\nHISTORY: Code 1950, \u00a7 33-93; 1970, c. 322, \u00a7 33.1-179; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}