Virginia Code 10.1-608: Unsafe dams presenting imminent danger.
When the Director finds an unsafe dam constituting an imminent danger to life or property, he shall immediately notify the Department of Emergency Management and confer with the owner. The owner of a dam found to constitute an imminent danger to life or property shall take immediate corrective action. If the owner does not take appropriate and timely action to correct the danger found, the Governor shall have the authority to take immediate appropriate action, without the necessity for a hearing, to remove the imminent danger. The Attorney General may bring an action against the owner of the impounding structure for the Commonwealth’s expenses in removing the imminent danger. There shall be a lien upon the owner’s real estate for the Commonwealth’s expenses in removing the imminent danger. The owner may avoid the Commonwealth’s costs, and recover any damages, upon proving that the dam was known to be safe at the time such action was taken, and that the owner had provided or offered to immediately provide such proof to the Director before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law (§ 44-146.13 et seq.).
Terms Used In Virginia Code 10.1-608
- 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
- Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
- Impounding structure: means a man-made structure, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. See Virginia Code 10.1-604
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
1982, c. 583, § 62.1-115.5; 1986, c. 9; 1988, c. 891.