{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-122.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-122.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-122.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-122.html"}],"law_id":80471,"edition_id":1,"section_id":80471,"structure_id":14417,"section_number":"62.1-122","catch_line":"When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal","history":"Code 1950, \u00a7 62-101; 1968, c. 659.","full_text":"If, on the report, or on other evidence, it appears to the court that by granting such leave the mansion house of any person other than the applicant himself, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbor will be annoyed, the leave shall not be granted. But if it shall not so appear, the court shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court shall lay the applicant under such terms and conditions as shall seem to it right. It shall, in particular, provide, that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient crossing of the watercourse impeded; and where, under such leave, an existing mill, manufactory, machine, or engine is to be supplied with water by a canal, the court shall prescribe a time within which the dam, whereby water had before been supplied, shall be abated, which time shall not be more than one year from the completion of the canal. Whenever such leave is granted, the tenant of any land through which any canal may be cut, may cross it with such fencing, and bridges, and erect such water gates as he may from time to time deem necessary, not obstructing the passage of the water to the mill, manufactory, machine, or engine.","order_by":null,"text":{"0":{"id":288264,"text":"If, on the report, or on other evidence, it appears to the court that by granting such leave the mansion house of any person other than the applicant himself, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbor will be annoyed, the leave shall not be granted. But if it shall not so appear, the court shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court shall lay the applicant under such terms and conditions as shall seem to it right. It shall, in particular, provide, that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient crossing of the watercourse impeded; and where, under such leave, an existing mill, manufactory, machine, or engine is to be supplied with water by a canal, the court shall prescribe a time within which the dam, whereby water had before been supplied, shall be abated, which time shall not be more than one year from the completion of the canal. Whenever such leave is granted, the tenant of any land through which any canal may be cut, may cross it with such fencing, and bridges, and erect such water gates as he may from time to time deem necessary, not obstructing the passage of the water to the mill, manufactory, machine, or engine.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14417,"edition_id":1,"name":"Mills, Dams and Certain Other Works on Watercourses","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:48:04","date_modified":"2026-06-26 03:48:04","permalink":{"id":270611,"object_type":"structure","relational_id":14417,"identifier":"9","token":"62.1\/9","url":"\/62.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55765,"structure_id":14417,"section_number":"62.1-116","catch_line":"Application for leave to build or raise dam across or in watercourse, cut canal, etc","url":"\/62.1-116\/","token":"62.1\/9\/62.1-116","metadata":false},{"id":69590,"structure_id":14417,"section_number":"62.1-117","catch_line":"Notice required","url":"\/62.1-117\/","token":"62.1\/9\/62.1-117","metadata":false},{"id":59789,"structure_id":14417,"section_number":"62.1-118","catch_line":"Appointment of commissioners; time of meeting","url":"\/62.1-118\/","token":"62.1\/9\/62.1-118","metadata":false},{"id":83549,"structure_id":14417,"section_number":"62.1-119","catch_line":"Oath of commissioners; duties; report","url":"\/62.1-119\/","token":"62.1\/9\/62.1-119","metadata":false},{"id":67867,"structure_id":14417,"section_number":"62.1-120","catch_line":"When further notice required","url":"\/62.1-120\/","token":"62.1\/9\/62.1-120","metadata":false},{"id":64900,"structure_id":14417,"section_number":"62.1-121","catch_line":"When new commissioners appointed","url":"\/62.1-121\/","token":"62.1\/9\/62.1-121","metadata":false},{"id":80471,"structure_id":14417,"section_number":"62.1-122","catch_line":"When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal","url":"\/62.1-122\/","token":"62.1\/9\/62.1-122","metadata":false},{"id":56268,"structure_id":14417,"section_number":"62.1-123","catch_line":"Rights of applicant on payment of damages","url":"\/62.1-123\/","token":"62.1\/9\/62.1-123","metadata":false},{"id":56831,"structure_id":14417,"section_number":"62.1-124","catch_line":"Such leave not to affect vested rights","url":"\/62.1-124\/","token":"62.1\/9\/62.1-124","metadata":false},{"id":74277,"structure_id":14417,"section_number":"62.1-125","catch_line":"Time within which applicant must erect or rebuild works; consequence of failure","url":"\/62.1-125\/","token":"62.1\/9\/62.1-125","metadata":false},{"id":86802,"structure_id":14417,"section_number":"62.1-126","catch_line":"Forfeiture by tenant of works damaged or destroyed, and unrestored; right of remainderman or reversioner","url":"\/62.1-126\/","token":"62.1\/9\/62.1-126","metadata":false},{"id":60316,"structure_id":14417,"section_number":"62.1-127","catch_line":"Prosecution or action for unforeseen damages","url":"\/62.1-127\/","token":"62.1\/9\/62.1-127","metadata":false}],"previous_section":{"id":64900,"structure_id":14417,"section_number":"62.1-121","catch_line":"When new commissioners appointed","url":"\/62.1-121\/","token":"62.1\/9\/62.1-121","metadata":false},"next_section":{"id":56268,"structure_id":14417,"section_number":"62.1-123","catch_line":"Rights of applicant on payment of damages","url":"\/62.1-123\/","token":"62.1\/9\/62.1-123","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-122\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1968, chapter 659.<\/p>","references":false,"refers_to":false,"permalink":{"id":270637,"object_type":"law","relational_id":80471,"identifier":"62.1-122","token":"62.1\/9\/62.1-122","url":"\/62.1-122\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-122\/","token":"62.1\/9\/62.1-122","dublin_core":{"Title":"When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-122","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If, on the report, or on other evidence<\/span>, it appears to the court<\/span> that by granting such leave the mansion house of any person other than the applicant himself, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbor will be annoyed, the leave shall not be granted. But if it shall not so appear, the court<\/span> shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court<\/span> shall lay the applicant under such terms and conditions as shall seem to it right. It shall, in particular, provide, that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient crossing of the watercourse impeded; and where, under such leave, an existing mill, manufactory, machine, or engine is to be supplied with water by a canal, the court<\/span> shall prescribe a time within which the dam, whereby water had before been supplied, shall be abated, which time shall not be more than one year from the completion of the canal. Whenever such leave is granted, the tenant of any land through which any canal may be cut, may cross it with such fencing, and bridges, and erect such water gates as he may from time to time deem necessary, not obstructing the passage of the water to the mill, manufactory, machine, or engine.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COURT TO REFUSE OR GRANT LEAVE; WHEN GRANTED, WHAT TERMS IMPOSED; RIGHTS OF\nTENANT ON LAND CROSSED BY CANAL (\u00a7 62.1-122)\n\nIf, on the report, or on other evidence, it appears to the court that by\ngranting such leave the mansion house of any person other than the applicant\nhimself, or the outhouses, yard, garden, or orchards thereto belonging, will be\noverflowed or taken, or that the health of the neighbor will be annoyed, the\nleave shall not be granted. But if it shall not so appear, the court shall then\ngrant or refuse the leave, as may seem to it proper. If it be granted, the court\nshall lay the applicant under such terms and conditions as shall seem to it\nright. It shall, in particular, provide, that ordinary navigation and the\npassage of fish shall not be obstructed, nor the convenient crossing of the\nwatercourse impeded; and where, under such leave, an existing mill, manufactory,\nmachine, or engine is to be supplied with water by a canal, the court shall\nprescribe a time within which the dam, whereby water had before been supplied,\nshall be abated, which time shall not be more than one year from the completion\nof the canal. Whenever such leave is granted, the tenant of any land through\nwhich any canal may be cut, may cross it with such fencing, and bridges, and\nerect such water gates as he may from time to time deem necessary, not\nobstructing the passage of the water to the mill, manufactory, machine, or\nengine.\n\nHISTORY: Code 1950, \u00a7 62-101; 1968, c. 659.","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}}