Virginia § 62.1-122 - When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal

Full text of Virginia Code of Virginia § 62.1-122 — When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal, with citation guidance and answers to common questions.

§ 62.1-122. When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal

If, on the report, or on other evidence, it appears to the court that by granting such leave the mansion house of any person other than the applicant himself, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbor will be annoyed, the leave shall not be granted. But if it shall not so appear, the court shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court shall lay the applicant under such terms and conditions as shall seem to it right. It shall, in particular, provide, that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient crossing of the watercourse impeded; and where, under such leave, an existing mill, manufactory, machine, or engine is to be supplied with water by a canal, the court shall prescribe a time within which the dam, whereby water had before been supplied, shall be abated, which time shall not be more than one year from the completion of the canal. Whenever such leave is granted, the tenant of any land through which any canal may be cut, may cross it with such fencing, and bridges, and erect such water gates as he may from time to time deem necessary, not obstructing the passage of the water to the mill, manufactory, machine, or engine.

Code 1950, § 62-101; 1968, c. 659.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 62.1-122

What does Code of Virginia § 62.1-122 cover?

Section 62.1-122 ("When court to refuse or grant leave; when granted, what terms imposed; rights of tenant on land crossed by canal") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 62.1-122?

A common citation format is "Code of Virginia § 62.1-122" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 62.1-122 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.