(For effective date — see notes) Private actions (§ 62.1-44.22)—Virginia Decoded

(For effective date — see notes) Private actions

The fact that any owner holds or has held a certificate or land-disturbance approval issued under this chapter shall not constitute a defense in any civil action involving private rights.Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.

History

Code 1950, § 62.1-36; 1968, c. 659; 1970, c. 638; 2016, cc. 68, 758.

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Court Decisions

The Mattaponi Indian Tribe v. Com. (COA, 08/31/04)
. . . action between competing litigants. See Code § 62.1-44.22; 9 Va. Admin. Code § 25-210-70(B); cf. . . .

Town of Fries v. State Water Control Bd. (COA, 10/01/91)
. . . . The permit does not and, pursuant to Code § 62.1-44.22, cannot authorize any harm to private . . .

Susan L. French v. Virginia Marine Resources Commission (COA, 01/20/15)
. . . Department of Mines, Minerals and Energy].”); Code § 62.1-44.22 (“The fact that any owner . . .

Alliance to Save the Mattaponi v. Commonwealth (SCV, 11/04/05)
. . . Code . . .

. . . Alliance to Save the Mattaponi v. CW, Dept. of Environmental . . . (COA, 08/31/04)
. . . action between competing litigants. See . . .

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