{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.22.html"}],"law_id":64978,"edition_id":1,"section_id":64978,"structure_id":14184,"section_number":"62.1-44.22","catch_line":"Private actions","history":"Code 1950, \u00a7 62.1-36; 1968, c. 659; 1970, c. 638; 2016, cc. 68, 758.","full_text":"The fact that any owner holds or has held a certificate or land-disturbance approval issued under this chapter shall not constitute a defense in any civil action involving private rights.\n\t\tCompliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.","order_by":null,"text":{"0":{"id":236373,"text":"The fact that any owner holds or has held a certificate or land-disturbance approval issued under this chapter shall not constitute a defense in any civil action involving private rights.\n\t\tCompliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14184,"edition_id":1,"name":"Enforcement and Appeal Procedure","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:47:10","date_modified":"2026-06-26 03:47:10","permalink":{"id":269963,"object_type":"structure","relational_id":14184,"identifier":"5","token":"62.1\/3.1\/5","url":"\/62.1\/3.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","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":57878,"structure_id":14184,"section_number":"62.1-44.20","catch_line":"Right to entry to obtain information, etc","url":"\/62.1-44.20\/","token":"62.1\/3.1\/5\/62.1-44.20","metadata":false},{"id":69438,"structure_id":14184,"section_number":"62.1-44.21","catch_line":"Information to be furnished to Board","url":"\/62.1-44.21\/","token":"62.1\/3.1\/5\/62.1-44.21","metadata":false},{"id":64978,"structure_id":14184,"section_number":"62.1-44.22","catch_line":"Private actions","url":"\/62.1-44.22\/","token":"62.1\/3.1\/5\/62.1-44.22","metadata":false},{"id":77684,"structure_id":14184,"section_number":"62.1-44.23","catch_line":"Enforcement by injunction, etc","url":"\/62.1-44.23\/","token":"62.1\/3.1\/5\/62.1-44.23","metadata":false},{"id":80810,"structure_id":14184,"section_number":"62.1-44.23:1","catch_line":"Intervention of Commonwealth in actions involving surface water withdrawals","url":"\/62.1-44.23_1\/","token":"62.1\/3.1\/5\/62.1-44.23_1","metadata":false},{"id":55361,"structure_id":14184,"section_number":"62.1-44.24","catch_line":"Testing validity of regulations; judicial review","url":"\/62.1-44.24\/","token":"62.1\/3.1\/5\/62.1-44.24","metadata":false},{"id":71038,"structure_id":14184,"section_number":"62.1-44.25","catch_line":"Right to hearing","url":"\/62.1-44.25\/","token":"62.1\/3.1\/5\/62.1-44.25","metadata":false},{"id":85595,"structure_id":14184,"section_number":"62.1-44.26","catch_line":"Hearings","url":"\/62.1-44.26\/","token":"62.1\/3.1\/5\/62.1-44.26","metadata":false},{"id":81230,"structure_id":14184,"section_number":"62.1-44.27","catch_line":"Rules of evidence in hearings","url":"\/62.1-44.27\/","token":"62.1\/3.1\/5\/62.1-44.27","metadata":false},{"id":72265,"structure_id":14184,"section_number":"62.1-44.28","catch_line":"Decisions of the Board in hearings pursuant to \u00a7\u00a7 62.1-44.15 and 62.1-44.25","url":"\/62.1-44.28\/","token":"62.1\/3.1\/5\/62.1-44.28","metadata":false},{"id":73113,"structure_id":14184,"section_number":"62.1-44.29","catch_line":"Judicial review","url":"\/62.1-44.29\/","token":"62.1\/3.1\/5\/62.1-44.29","metadata":false},{"id":64666,"structure_id":14184,"section_number":"62.1-44.30","catch_line":"Appeal to Court of Appeals","url":"\/62.1-44.30\/","token":"62.1\/3.1\/5\/62.1-44.30","metadata":false}],"previous_section":{"id":69438,"structure_id":14184,"section_number":"62.1-44.21","catch_line":"Information to be furnished to Board","url":"\/62.1-44.21\/","token":"62.1\/3.1\/5\/62.1-44.21","metadata":false},"next_section":{"id":77684,"structure_id":14184,"section_number":"62.1-44.23","catch_line":"Enforcement by injunction, etc","url":"\/62.1-44.23\/","token":"62.1\/3.1\/5\/62.1-44.23","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.22\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1968, chapter 659; in 1970, chapter 638; in 2016, chapters 68<\/a> and 758<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":269973,"object_type":"law","relational_id":64978,"identifier":"62.1-44.22","token":"62.1\/3.1\/5\/62.1-44.22","url":"\/62.1-44.22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.22\/","token":"62.1\/3.1\/5\/62.1-44.22","dublin_core":{"Title":"Private actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The fact<\/span> that any owner<\/span> holds or has held a certificate<\/span> or land-disturbance approval<\/span> issued under this chapter shall not constitute a defense in any civil action<\/span> involving private rights.\n\t\tCompliance with the provisions of this chapter shall be prima facie evidence<\/span> in any legal or equitable<\/span> proceeding for damages<\/span> caused by erosion or sedimentation that all requirements of law<\/span> have been met and the complaining party<\/span> must show negligence<\/span> in order<\/span> to recover any damages<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVATE ACTIONS (\u00a7 62.1-44.22)\n\nThe fact that any owner holds or has held a certificate or land-disturbance\napproval issued under this chapter shall not constitute a defense in any civil\naction involving private rights.\n\t\tCompliance with the provisions of this chapter shall be prima facie evidence\nin any legal or equitable proceeding for damages caused by erosion or\nsedimentation that all requirements of law have been met and the complaining\nparty must show negligence in order to recover any damages.\n\nHISTORY: Code 1950, \u00a7 62.1-36; 1968, c. 659; 1970, c. 638; 2016, cc. 68, 758.","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}}