CHAPTER 170

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

dogs.
[H 335]
Approved March 3, 1960

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 compensa-
tion therefor a reasonable value of such livestock or poultry; provided
that in the counties of 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 un-
assessed 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 com-
pensation 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 by ordinance, no payment by the county shall be made under this
section unless and until the claimant shall have exhausted his legal reme-
dies against the owner of the dog doing the damage for which compensa-
tion 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 fur-
ther 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.