CHAPTER 304
An Act to amend and reenact §10.1-613.4 of the Code of
Virginia, relating to liability of owner or operator of a dam.
[S 466]
Approved March 24, 2014
Be it enacted by the General Assembly of Virginia:
1. That §10.1-613.4 of the Code of Virginia is amended and
reenacted as follows:
§10.1-613.4. Liability of owner or operator.
Nothing A. Notwithstanding subsection B, nothing in
this article, and no order, notice, approval, or advice of the Director or Board
shall relieve any owner or operator of such a an impounding
structure from any legal duties, obligations, and liabilities resulting from
such ownership or operation. The owner shall be responsible for liability for
damage to the property of others or injury to persons, including, but not
limited to, loss of life resulting from the operation or failure of a
dam an impounding structure. Compliance with this article does not
guarantee the safety of a dam an impounding structure or relieve
the owner of liability in case of a dam an impounding structure
failure.
B. The owner of the land upon which an impounding structure
owned, maintained, or operated by a soil and water conservation district is
situated shall not be responsible for liability for damages to the property of
others or injury to persons, including the loss of life, resulting from
the operation or failure of the impounding structure.
The provisions of this subsection shall not apply if the
damages to the property of others or injury to persons is the result of an act
or omission of the landowner unrelated to ownership, maintenance, or operation
of the impounding structure.
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