CHAPTER 420

An Act to authorize certain counties to require special stamps to hunt bear
and deer; to provide for disposition of moneys received from the sale
thereof; to provide for the sale of such stamps by the clerks of the
circuit courts of such counties; and to repeal Chapters 462 and 472
of the Acts of Assembly of 1942, approved April 6, 1942, Chapter 857
of the Acts of Assembly of 1944, approved March 30, 1944, Chapter
294 of the Acts of Assembly of 1948, approved March 16, 1948,
Chapter 208 of the Acts of Assembly of 1950, approved March 14,
1950, Chapter 484 of the Acts of Assembly of 1950, approved April
7,1 950, Chapter 86 of the Acts of Assembly of 1952, ‘approved Febru-
ary 20, 1952, Chapter 600 of the Acts of Assembly of 1952, approved
April 3, 1952, Chapter 121 of the Acts of Assembly of 1954, approved
March 8, 1954, Chapter 50 of the Acts of Assembly of 1956, approved
February 16, 1956, Chapter 291 of the Acts of Assembly of 1956,
approved March 9, 1956, and Chapter 811, of the Acts of Assembly
of 1958, approved March 18, 1958, and all amendments thereof, re-
lating to the same matters.

[H 105]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. § 1. The governing body of any of the following counties may by
appropriate ordinance enact and adopt for such county the provisions of
this act and at any time subsequent thereto may repeal any such ordinance
so passed: Albemarle, Amherst, Bath, Bedford, Bland, Botetourt, Carroll,
Clarke, Craig, Floyd, Franklin, Frederick, Giles, Grayson, Highland,
Loudoun, Madison, Nelson, Page, Patrick, Rappahannock, Rockbridge,
Rockingham, Roanoke, Shenandoah, Smyth, Tazewell, Warren, Wash-
ington, Wise and Wythe; but this act shall not be effective in any county
unless and until such an ordinance is passed.

§ 2. It shall be unlawful for any person to hunt bear and deer in any
such county without first having obtained a special stamp the fee for
which shall be one dollar annually, provided that ordinances adopted pur-
suant to this act by the counties of Grayson, Smyth and Wythe may pre-
scribe any fee for such special stamp for nonresidents of the Common-
wealth not to exceed five dollars. The stamp shall be adhesively affixed
to the back of the current season’s hunting license issued such person, who
shall cancel the same with his initials in ink. The money received from the
sale of such special stamps shall be paid into the county treasury to the
credit of a special fund and identified by the year collected, and the net
amount thereof, or so much as is necessary, shall be used for the payment
of damages to crops, fruit trees, livestock or farm equipment by deer,
bear or big game hunters in the county whenever such damage amounts
to ten dollars or more, provided, however, that in any case in which such
damage was caused by hunters, and the hunter be known, the claimant
shall have first proceeded in a civil action against such hunter. Upon
payment of any such claim, the county shall be subrogated to the rights
of the claimant against such hunter. Any payment under the provisions
of this act shall be limited to the net amount accruing in the special fund
from sales of such stamps for the county during the three preceding years
in which the damage occurs. Any surplus remaining in the fund, which
surplus has been in the fund more than three years, shall be earmarked
for conservation, restoration, protection of wildlife and preventing damage
by wildlife to property in said county under the direction of the board of
supervisors and in cooperation with the Commission of Game and Inland
Fisheries. Provided however, that any county board of supervisors may
transfer funds from such special fund before the end of three years for
the purposes set forth above, so long as such board of supervisors appro-
priates sufficient money to satisfy claims which cannot be met by reason
of such transferral. Moneys heretofore accumulated in such special fund
prior to the effective date of this act may be transferred at any time for
the purposes set forth hereinabove. Any person suffering such damage
shall report the same to the game warden of the county whose duty it
shall be to investigate the same at once. The claim for damage shall be
filed in duplicate, under oath, on forms furnished by the clerk of the
county. If the claimant and game warden agree as to the amount of dam-
age, the game warden shall approve the claim and forward it to the
county board of supervisors, who may approve same and order payment
thereof. If no such agreement is reached between them, by and with the
approval of the board of supervisors, the claim may be submitted to the
arbitration of three persons in the customary manner and the award of the
arbitrators shall be final and binding. Provided, however, that no such
claim for damages shall be paid to any person who shall prohibit hunting
on his land by the general public.

Provided, however, in Grayson and Smyth counties if the claimant
and the game warden agree as to the amount of damage and such amount
does not exceed three hundred dollars, the game warden shall approve the
claim and forward it to the treasurer of the county for payment, with the
approval of the board of supervisors, and if such amount agreed upon
exceeds three hundred dollars, or if no such agreement can be reached
between them, and the claimant makes application to the circuit court
of the county in which the damage occurred, the judge of such court shall
appoint a committee of three qualified, disinterested persons, who shall
fix the damages in the customary manner, and the award of the committee
shall be final and binding.

§ 3. The special stamps herein provided for may be obtained from
the clerks of the circuit courts of the counties listed in § 1 of this act who
shall receive a fee of ten cents for each stamp issued.

§ 4. The clerk of the circuit court of each of the counties listed in
§ 1 of this act may supply the clerk of the circuit court of each other
such county, prior to July one of each year, with a supply of stamps for
his county. Each such clerk shall annually after the close of the season
for hunting deer or bear but not later than June thirty, return the unsold
stamps to the clerks from whom received, and remit to each such clerk
all moneys collected for sale of stamps for hunting in his county, less the
fee of ten cents each for selling the same. The clerk may designate persons
in his county as agents for the purpose of selling such stamps.

§ 5. Any person violating the provisions of this act shall be guilty of

a misdemeanor and upon conviction punished accordingly.
2. Chapters 462 and 472 of the Acts of Assembly of 1942, approved
April 6, 1942, Chapter 357 of the Acts of Assembly of 1944, approved
March 30, 1944, Chapter 294 of the Acts of Assembly of 1948, approved
March 16, 1948, Chapter 208 of the Acts of Assembly of 1950, approved
March 14, 1950, Chapter 484 of the Acts of Assembly of 1950, approved
April 7, 1950, Chapter 86 of the Acts of Assembly of 1952, approved
February 20, 1952, Chapter 600 of the Acts of Assembly of 1952, approved
April 3, 1952, Chapter 121 of the Acts of Assembly of 1954, approved
March 3, 1954, Chapter 50 of the Acts of Assembly of 1956, approved
February 16, 1956, Chapter 291 of the Acts of Assembly of 1956, approved
March 9, 1956, and Chapter 311 of the Acts of Assembly of 1958, approved
March 138, 1958, and all amendments thereof, are repealed.