2006 Code of Virginia § 3.1-796.126:11 - Compensation for livestock and poultry killed by hybrid canines

3.1-796.126:11. Compensation for livestock and poultry killed by hybridcanines.

Any person who has any livestock or poultry killed or injured by any hybridcanine not his own shall be entitled to receive as compensation the fairmarket value of such livestock or poultry not to exceed $400 per animal or$10 per fowl, provided that: (i) the claimant has furnished evidence withinsixty days of discovery of the quantity and value of the dead or injuredlivestock and the reasons the claimant believes that death or injury wascaused by a hybrid canine; (ii) the animal control officer or other officershall have been notified of the incident within seventy-two hours of itsdiscovery; and (iii) the claimant first has exhausted his legal remediesagainst the owner, if known, of the hybrid canine doing the damage for whichcompensation under this section is sought. Exhaustion shall mean a judgmentagainst the owner of the hybrid canine upon which an execution has beenreturned 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 hybrid canine andmay enforce the same in an appropriate action at law.

(1997, c. 918; 1998, c. 817.)