Code of Virginia - Title 33.1 Highways, Bridges And Ferries - Section 33.1-204 Gate or other obstruction across private roadway leading to forestlands; penalty for removal or lea...

§ 33.1-204. Gate or other obstruction across private roadway leading to forestlands; penalty for removal or lea...

The owners of forest and timberlands may substantially obstruct or close private and seldom used roadways leading to or into such forest or timberlands from the public roads of this Commonwealth at points at or near which such roads enter their property or forestlands; and, in all cases where any such private roadway is subject to an easement for travel for the benefit of other lands not regularly and continuously inhabited, the owner of the said forest or timberlands may obstruct the roadway with a gate, chain, cable or other removable obstruction, lock the said obstruction and, after furnishing a key to the lock to the owner or owners of the land or lands to which the forestlands are servient, require those entitled to the easement to unlock and relock such obstruction upon making use of the roadway.

There shall be no penalty upon the owner of such forest or timberlands for failure to erect such obstructions, but, if such obstruction is erected, any person without the permission of the said owner, destroying, removing or leaving the obstruction open, or unlocked, in cases where the obstruction is locked by said owner and the keys are furnished as herein provided, shall be guilty of a misdemeanor, and, if upon trial is found guilty, shall be fined a sum not less than $25 nor more than $500; provided, that in all cases of forest fires upon the owner's lands or those adjacent or near thereto, the expressed permission of the owner shall be deemed given to all persons aiding in extinguishing or preventing the spreading of the fire, to remove said obstructions, including the breaking of locks.

(Code 1950, § 33-120.1; 1954, c. 457; 1970, c. 322.)

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Last modified: April 3, 2009