Full Statute Name:  West's Annotated Code of Virginia. Title 3.2. Agriculture, Animal Care, and Food. Subtitle V. Domestic Animals. Chapter 65. Comprehensive Animal Care. Article 6. Authority of Local Governing Bodies. § 3.2-6553. Compensation for livestock and poultry killed by dogs

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Primary Citation:  Va. Code Ann. § 3.2-6553 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  VA ST § 3.2-6553 Date Adopted:  1984
Summary: This Virginia statute states that any person who has any livestock or poultry killed or injured by any dog not his or her own shall be entitled to receive the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl, provided that the claimant has furnished evidence, the animal control officer was notified within seventy-two hours after discovery of the damage, and the claimant has exhausted other legal remedies.  However, local jurisdictions may by ordinance waive the last two requirements provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim.
Statute Text: 

Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl if (i) the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of clause (ii) or (iii) or both provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim. Upon payment under this section, the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the dog and may enforce the same in an appropriate action at law.

Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 116; Acts 2014, c. 160.


HISTORICAL AND STATUTORY NOTES

Derivation:

Acts 1984, c. 492, § 29-213.87; Acts 1986, c. 108; Acts 1987, c. 488; Acts 1992, c. 461; Acts 1998, c. 817; § 3.1-796.118.

 

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