CHAPTER 692

An Act to amend and reenact § 2 of Chapter 420, Acts of Assembly
of 1962, approved April 4, 1962, as amended, which section relates
to the disposition of funds from the sale of certain stamps.

[H 9389]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 2 of Chapter 420 of the Acts of Assembly of 1962, approved
Apri. 4. 1962, as amended, be amended and reenacted as follows:

§ 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,
* or bear at any time or by big game hunters during hunting season in
the county whenever such damage amounts to ten dollars or more, pro-
vided, 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 pur-
poses set forth above, so long as such board of supervisors appropriates
sufficient money to satisfy claims which cannot be met by reason of
such transferral. Provided further, that the board of supervisors of Bath
County may use any surplus in the fund, which surplus has been tn the
fund more than three years, for installing a telephone line within the
county of Bath in addition to the purposes set forth above. Moneys hereto-
fore 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 damage, 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, Rockbridge 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 shal!
approve the claim and forward it to the treasurer of the county for pay-
ment, 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 per-
sons, who shall fix the damages in the customary manner, and the award
of the committee shall be final and binding.