Chap. 97.—An ACT to amend and re-enact Section 10 of Chapter 159 of the Acts
of the General Assembly of 1928, which chapter is an act to provide for a
general road law applicable in all the counties of the Commonwealth, the
section here amended being in relation to the duty of the owner or occupier
of a dam to maintain road or bridge thereon; providing for the right of in-
spection of same by the State Highway Commission; costs of replacing and
upkeep. {[S B 35]

Approved March 3, 1936

1. Be it enacted by the General Assembly of Virginia, That section
ten of chapter one hundred and fifty-nine of the Acts of the General
Assembly of nineteen hundred and twenty-eight be amended and re-
enacted so as to read as follows:

Section 10. Duty of Owner or Occupier of Dam to Maintain
Road or Bridge; Before Whom Penalty Recoverable; by Whom Cost
of Upkeep Paid.—Every owner or occupier of a dam shall, so far as a
road passes over the same, keep such dam in good order, at least
twenty feet wide at the top, and also keep in good order a bridge of
like width over the pier heads, floodgates, or any waste-cut through or
around the dam; and shall erect and keep in good order a strong rail-
ing on both sides of such bridge or dam. If he fails to comply with
this section, he shall be fined two dollars for every failure of twenty-
four hours, and, where a mill dam is carried away or destroyed, the
owner or occupier thereof shall not be thenceforth subject to such fine
until one month after the mill has been put into operation by water
power. Such fine shall be recoverable before any justice of said
county, and when collected shall be paid to the treasurer of said
county and placed by him to the credit of the road fund of said
county.

Provided, however, the State highway commission may, with the
consent of the owner or occupier, widen such dam or bridge to the
width sufficient for the erection thereon of a roadway in accordance
with the plans and specifications of the highway commission. The
costs of maintaining said surface of the roadway and flooring of
bridge, and the erection and keeping in good order the said railing
shall be borne by the State highway commission. The said com-
mission shall have the right to inspect any dam at any time and the
State Highway Commissioner or his authorized agent, shall have the
right to raise or lower the flood gates on such dam when there is an
impending flood and when in his opinion it is for the best interest of
the Highway system and the mill owner.

Provided further that, in case such a dam is washed out and the
owner refuses to replace the same, the State Highway Commission,
with or without the consent of such owner or occupier, may con-
struct a highway across the same, or rebuild the dam, flood-gates and
spillway upon the same; but, in the case where a highway has been so
constructed over the site of the dam and the owner desires to replace
or use the dam or pond in the future, he shall be permittd to do so by
paying to the State Highway Commission one-half of the costs and
expenses of replacing the dam up to a width of twelve feet at the top,
any additional replacement in excess of a width of twelve feet at the
top to be done at the expense of the Highway Department, and the
rebuilding of flood gates and spillways. Such construction, building
of the highway and bridges, or replacing of the dam and flood gates
shall be under the plans, specifications and supervision of the State
Highway Commission,

Nothing, however, in this section shall be construed to mean that
any roadway upon any such dam cannot be abandoned in the manner
provided by law.