                                 CODE OF VIRGINIA

CONSTRUCTION OF DAMS, LEVEES, SEAWALLS, ETC.; CERTAIN PROCEEDINGS PROHIBITED (§
15.2-970)

A. Any locality may construct a dam, levee, seawall or other structure or
device, or perform dredging operations hereinafter referred to as
&#8220;works,&#8221; the purpose of which is to prevent the tidal erosion,
flooding or inundation of such locality, or part thereof. The design,
construction, performance, maintenance and operation of any of such works is
hereby declared to be a proper governmental function for a public purpose.

B. No person, association or political subdivision shall bring any action at law
or suit in equity against any locality because of, or arising out of, the
design, maintenance, performance, operation or existence of such works but
nothing herein shall prevent any such action or suit based upon a written
contract. This provision shall not be construed to authorize the taking of
private property without just compensation therefor and provided further that
the tidal erosion, flooding or inundation of any lands of any other person by
the construction of a dam or levee to impound or control fresh water shall be a
taking of such land within the meaning of the foregoing provision.

HISTORY: Code 1950, § 15-20.6; 1960, c. 516; 1962, c. 623, § 15.1-31; 1966, c.
270; 1968, c. 793; 1980, c. 460; 1997, c. 587.