CHAPTER 793

An Act to amend and reenact § 15.1-31, as amended, of the Code of
Virginia, relating to construction of dams, levees, seawalls, etc.
Be it enacted by the General Assembly of Virginia: _

1. That § 15.1-31, as amended, of the Code of Virginia be amended
and reenacted as follows: ;

§ 15.1-31. Construction of dams, levees, seawalls, etc.; certain pro-
ceedings prohibited.—(a) Any county, city or town may construct a dam,
levee, seawall or other structure or device, or perform dredging opera-
tions hereinafter referred to as “works,” the purpose of which is to prevent
the flooding or inundation of such county, city or town, or part thereof. The
design, construction, performance, maintenance and operation of any of
such works is hereby declared to be a proper governmental function for a
public purpose.

b) The General Assembly hereby withdraws the right of any per-
son, firm, corporation, association or political subdivision to bring, and
prohibits the bringing of, any action at law or suit in equity against any
county, city or town because of, or arising out of, the design, maintenance,
performance, operation or existence of such works but nothing herein shall
prevent any such action or suit based upon a written contract, but this
provision shall not be construed to authorize the taking of private property
without just compensation therefor and provided further that * the
flooding or inundation of any lands of any other person by the construction
of a dam or levee to impound or control fresh water shall be a taking of
such land within the meaning of the foregoing provision.