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Va. Code Ann. § 62.1-44.22

Private actions

Applied in 2 court decisions — leading case 43 Va. App. 690 - Mattaponi Indian Tribe v. Commonwealth (2004)

Most recently applied in Alliance v. Com., Dept. of Environ. Quality (November 2005)

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

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.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.