                                 CODE OF VIRGINIA

DEFECTS IN THE PROCEEDINGS; CONSTRUCTION OF CHAPTER (§ 21-424)

The provisions of this chapter shall be liberally construed to promote the
leveeing, ditching, draining, and reclamation of wet and overflowed lands. The
collection of the assessment shall not be defeated where the proper notices have
been given by reason of any defect in the proceedings occurring prior to the
order of the court confirming the final report of the board of viewers; but such
order or orders shall be conclusive and final that all prior proceedings were
regular and according to law, unless they were appealed from. If, on appeal, the
court shall deem it just and proper to release any person or to modify his
assessment or liability, it shall in no manner affect the rights and liabilities
of any person other than the appellant, and the failure to perfect an appeal
within sixty days from the order of the court finally establishing the project
shall be a waiver of any illegality in the proceedings, and the remedies
provided for in this chapter shall exclude all other remedies.
		Proceedings under this chapter shall have precedence over all others excepting
writs of habeas corpus, prohibition, and mandamus and shall be heard at the time
set for a hearing by the court or the judge thereof in vacation with the least
possible delay. The widest latitude shall be allowed by the court to hasten
urgent cases, where evidence is available to prove the serious consequences
resulting from the flooding of the cultivated lands for which relief is asked.

HISTORY: Code 1919, § 1779; 1926, p. 627; 1954, c. 642.