CHAPTER 457

An Act to amend the Code of Virginia by adding a section numbered
10-89.1, providing that the destruction, removal or leaving open or
unlocked of certain obstruction to certain roadways shall be a mis-
demeanor and providing penalties for violations. CH 574]

Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
10-89.1 as follows:

§ 10-89.1. The owners of forest and timber lands may substantially
obstruct or close private and seldom used roadways leading to or into
such forest or timber lands from the public roads of this State at points
at or near which such roads enter their property or forest lands; and, in
all cases where any such private roadway is subject to an easement for
travel for the benefit of other lands not regularly and continuously inhab-
ited, the owner of the said forest or timber lands may obstruct the road-
way with a gate, chain, cable or other removable obstruction, lock the
said obstruction and, after furnishing a key to the lock to the owner or
owners of the land or lands to which the forest lands are servient, require
those entitled to the easement, to unlock and relock such obstruction upon
making use of the roadway.

There shall be no penalty upon the owner of such forest or timber
lands for failure to erect such obstructions, but, if such obstruction is
erected, any person without the permission of the said owner, destroying,
removing or leaving the obstruction open, or unlocked, in cases where the
obstruction is locked by said owner and the keys are furnished as herein
provided, shall be guilty of a misdemeanor, and. if upon trial is found
guilty, shall be fined a sum not less than twenty-five dollars nor more
than five hundred dollars; provided, that in all cases of forest fires upon
the owner’s lands or those adjacent or near thereto, the expressed per-
mission of the owner shall be deemed given to all persons aiding in extin-
guishing or preventing the spreading of the fire, to remove said obstruc-
tions, including the breaking of locks.