Virginia Code 10.1-613.3: No liability of Board, Department, employees, or agents
An owner may not bring an action against the Commonwealth, the Board, the Department, or agents or employees of the Commonwealth for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with:
Terms Used In Virginia Code 10.1-613.3
- Alteration: means changes to an impounding structure that could alter or affect its structural integrity. See Virginia Code 10.1-604
- Board: means the Soil and Water Conservation Board. See Virginia Code 10.1-604
- Construction: means the construction of a new impounding structure. See Virginia Code 10.1-604
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
- Owner: means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam. See Virginia Code 10.1-604
1. Approval of the construction, alteration, or maintenance of a dam or reservoir, or approval of flood-operations plans during or after construction;
2. Issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;
3. Control or regulation of the dam or reservoir;
4. Measures taken to protect against failure of the dam or reservoir during an emergency;
5. Investigations or inspections authorized under this article;
6. Use of design and construction criteria prepared by the Department; or
7. Determination of the hazard classification of the dam.
2006, c. 30.