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2005 SESSION

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CHAPTER 117 An Act to amend and reenact § 10.1-610 of the Code of Virginia, relating to right of entry to inspect and test dams. [H 2616] Approved March 20, 2005  

Be it enacted by the General Assembly of Virginia:

1.  That § 10.1-610 of the Code of Virginia is amended and reenacted as follows:

§ 10.1-610. Right of entry.

The Board and its agents and employees shall have the right to enter any property upon consent of the owner or custodian at reasonable times and under reasonable circumstances to perform such inspections and tests or to take such other actions it deems necessary to fulfill its responsibilities under this article, including the inspection of dams that may be subject to this article, provided that the Board or its agents or employees make a reasonable effort to obtain the consent of the owner of the land prior to entry. If entry is denied, the Board or its designated agents or employees may apply to any magistrate whose territorial jurisdiction encompasses the property to be inspected or entered for a warrant authorizing such investigation, tests or other actions. Such warrant shall issue if the magistrate finds probable cause to believe that there is a dam on such property which is not known to be safe.