CHAPTER 425

An Act for the relief of Fort Magruder Fishing Club, Incorporated.
[H 183]

Approved March 31, 1962

Whereas, Fort Magruder Fishing Club, Incorporated, a Virginia Cor-
poration, owns a pond in James City County, Virginia, and over the dam
and spillway of said pond the Commonwealth has an easement for high-
way purposes, said highway being designated as Route 637; and

_ Whereas, in and about the year of 1957 or 1958, the precise date
being unknown, the Department of Highways removed a bridge over the
spillway which it was required by law to maintain and without the
knowledge and consent of said corporation broke the bottom of the con-
crete spillway, the property of said corporation, and placed a concrete
Pipe and fill therein; and

Whereas, said pipe restricted the flow of water through the spillway
and that as a result of breaking said spillway water seeped under and
around said pipe causing said spillway to break and wash out on Septem-
ber 12, 1960; and

Whereas, the Department of Highways failed and refused to partici-
pate in the loss of restoring a bridge and adequate spillway; and

Whereas, as a result of the action of the Department of Highways
said corporation lost the spillway and a portion of the dam to said pond,
a number of the fish therein, the use of said pond and further that it was
required at great expense to construct a dam and spillway outside of the
right of way of the Department of Highways and that said corporation
is without remedy ; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. That there is hereby appropriated from the special revenues in the
State treasury available for the maintenance and construction of the
primary system of State highways the sum of one thousand dollars, and
the Comptroller is directed to draw his warrant in that amount payable to
the Fort Magruder Fishing Club, Incorporated, provided that contempo-
raneously with the delivery of the warrant, the said corporation shall
execute and deliver its full and complete release for the damage sus-
tained it. ,