                                 CODE OF VIRGINIA

WHEN COURT TO REFUSE OR GRANT LEAVE; WHEN GRANTED, WHAT TERMS IMPOSED; RIGHTS OF
TENANT ON LAND CROSSED BY CANAL (§ 62.1-122)

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.

HISTORY: Code 1950, § 62-101; 1968, c. 659.