3.2-6584 - Compensation for livestock and poultry killed by hybrid canines.

§ 3.2-6584. Compensation for livestock and poultry killed by hybrid canines.

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 if: (i) the claimant has furnished evidence within 60 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 hybridcanine; (ii) the animal control officer or other officer shall have beennotified of the incident within 72 hours of its discovery; and (iii) theclaimant first has exhausted his legal remedies against the owner, if known,of the hybrid canine doing the damage for which compensation under thissection is sought. Exhaustion shall mean a judgment against the owner of thehybrid canine upon which an execution 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 hybrid canine andmay enforce the same in an appropriate action at law.

(1997, c. 918, § 3.1-796.126:11; 1998, c. 817; 2008, c. 860.)