CHAPTER 61

An Act to amend and reenact § 29-202, as amended, of the Code of
Virginia, relating to compensation for livestock and poultry killed

by dogs.
[H 72]
Approved February 21, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 29-202, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 29-202. Any person who has any livestock or poultry killed or
injured by any dog not his own shall be entitled to receive as compensation
therefor a reasonable value of such livestock or poultry; provided that in
the counties of Bland, Fauquier, Giles, Smyth, Wythe, Halifax, Pittsyl-
vania, Washington, Russell, Tazewell, Patrick, Rockbridge, Fairfax,
Carroll, Floyd and Grayson, the governing body may compensate the
claimant upon the basis of the assessed value of‘such livestock and the fair
value of unassessed lambs and poultry, but in no event to exceed the
reasonable value thereof. Nothing herein shall be construed as limiting
the common law liability of an owner of a dog for damages committed by
it, and when compensation is paid as above provided, the county or city
shall be subrogated to the extent of compensation paid to the right of
action to the owner of such livestock or poultry against the owner of the
dog and may enforce the same in an appropriate action at law. Claimants
for damages shall furnish evidence under oath of quantity. and value to
the governing body of the county or of any city within ninety days after
sustaining such damage.
Provided, however, that if the governing body of the counties of
Surry, Carroll, Grayson, King George, Smyth, Wythe, Sussex and Floyd
so prescribe hy ordinance, no payment by the county shall be made under
this section unless and until the claimant shall have exhausted his legal
remedies against the owner of the dog doing the damage for which
compensation under this section is sought; such governing body of such
county may require the submission of evidence that the claimant has
exhausted his legal remedies against the owner of the dog, if known; and
provided further that the governing body of the counties of Sussex and
Greene may prescribe by ordinance that no payment shall be made by the
county under the provisions of this section unless the owner of such
livestock or poultry shall have notified the game warden for such county
of his intention to make a claim hereunder and shall have afforded such
game warden an opportunity to view such livestock or poultry within
forty-eight hours after the death thereof.