§ 33.1-210. Livestock on right-of-way of any system of state highways
No person, firm or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any road in any system of state highways, except as herein otherwise provided, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway; provided, however, that this section shall not apply when such livestock are being driven along such road or right-of-way while under the control of a responsible drover or drovers.
However, nothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads which (i) have been taken into the system as gated roads and (ii) carry fewer than fifty vehicles per day.
On gated roads carrying fifty or more vehicles per day, the Department of Transportation shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than forty-foot right-of-way, reimburse abutting landowners a sum equal to one dollar per foot of fencing which must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department of Transportation shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction funds. For purposes of this section, a "gated" road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.
Any person, firm or corporation who shall violate any of the provisions of this article shall be fined not less than ten dollars nor more than fifty dollars for such offense.
Nothing herein shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.
(Code 1950, § 33-125; 1956, c. 221; 1970, c. 322; 1986, c. 367.)
Sections: Previous 33.1-204 33.1-205 33.1-206 33.1-206.1 33.1-207 33.1-208 33.1-209 33.1-210 33.1-210.1 33.1-210.2 33.1-211 33.1-212 33.1-213 33.1-214 33.1-215 NextLast modified: April 3, 2009