2006 Code of Virginia § 3.1-796.118 - Compensation for livestock and poultry killed by dogs

3.1-796.118. Compensation for livestock and poultry killed by dogs.

Any person who has any livestock or poultry killed or injured by any dog nothis own shall be entitled to receive as compensation the fair market value ofsuch livestock or poultry not to exceed $400 per animal or $10 per fowl,provided that: (i) the claimant has furnished evidence within sixty days ofdiscovery of the quantity and value of the dead or injured livestock and thereasons the claimant believes that death or injury was caused by a dog; (ii)the animal control officer or other officer shall have been notified of theincident within seventy-two hours of its discovery; and (iii) the claimantfirst has exhausted his legal remedies against the owner, if known, of thedog doing the damage for which compensation under this section is sought.Exhaustion shall mean a judgment against the owner of the dog upon which anexecution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of (ii) or (iii)or both provided that the ordinance adopted requires that the animal controlofficer has conducted an investigation and that his investigation supportsthe claim. Upon payment under this section the local governing body shall besubrogated to the extent of compensation paid to the right of action to theowner of the livestock or poultry against the owner of the dog and mayenforce the same in an appropriate action at law.

(1984, c. 492, 29-213.87; 1986, c. 108; 1987, c. 488; 1992, c. 461; 1998,c. 817.)