No proceedings had under this chapter, nor any judgment thereon, shall bar any prosecution or action which could have been maintained if this chapter had not been enacted, unless the prosecution or action be for an injury actually foreseen and estimated in such proceeding or judgment.
Prosecution or action for unforeseen damages
Va. Code Ann. § 62.1-127, under Chapter 9. Mills, Dams and Certain Other Works on Watercourses..
Va. Code Ann. § 62.1-127