Va. Code » Title 21. Drainage, Soil Conservation, Sanitation and Public Facilities Districts » Chapter 8. Proceedings to Acquire Drainage Rights
Virginia Code

Va. Code Ann. § 21-428 (2026)

Right to drain land through lands of others

✓ current as of May 2026
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Any person desiring to drain his lands through the lands of others may apply to the circuit court of the county or corporation court of the city in which the whole or a part of the last mentioned lands lie, for the appointment of commissioners to ascertain and report upon the propriety of granting such application and the damages that may be sustained by the party or parties through whose lands the drain is proposed to be run. Notice of such application shall be given to the proprietors of the lands through which such drain is to be run in the manner prescribed by Article 2 (§§ 25.1-205 et seq.) of Chapter 2 of Title 25.1.

Code 1919, § 5293.

Notes of Decisions
Cited in 4 cases, 1975–2006 · leading case: Burns v. Bd. of Sup'rs of Fairfax Cty., 238 S.E.2d 823 (Va. 1977).
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Burns v. Bd. of Sup'rs of Fairfax Cty., 238 S.E.2d 823 (Va. 1977). · cites it 4× “In that case a private developer was attempting to condemn, under the provisions of Code § 21-428, and thus obtain title to a drainage easement over the lands of an adjoining landowner.”
Phillips v. Foster, 211 S.E.2d 93 (Va. 1975). · cites it 7× “The question we decide in this case is whether Code § 21-428 (Repl. Vol. 1960) is unconstitutional as applied to the facts of this case, upon the ground that it authorizes the taking of private property for private use.”
HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006). · cites it 2× “The statute that authorized the taking of private property for public use stated: "Any person desiring to drain his lands through the lands of others may apply to the circuit court of the county or corporation court of the city in which the whole or a part of the last mentioned…”
Rudder v. Wise Cnty. Redevelopment & Hous. Auth., 249 S.E.2d 177 (Va. 1978). · cites it 2× “In that case, we held that the statute (Code § 21-428) authorizing condemnation by a private individual of a drainage easement was uncontitutionally applied when the condemnor sought to acquire the easement for the purpose of developing property for private gain.”
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