76-5-109. Other legal remedies preserved -- immunity.
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/mt/title-76/chapter-5/part-1/76-5-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
76-5-109 . Other legal remedies preserved -- immunity.
(1)The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.
(2)When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.
(3)The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.
(4)An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.