10.1-1141 - Liability and recovery of cost of fighting forest fires by localities and the State Forester.
§ 10.1-1141. Liability and recovery of cost of fighting forest fires bylocalities and the State Forester.
A. The State Forester in the name of the Commonwealth shall collect the costsof fire fighting performed under the direction of a forest warden inaccordance with § 10.1-1139 from any person who, negligently or intentionallywithout using reasonable care and precaution starts a fire or who negligentlyor intentionally fails to prevent its escape, which fire burns on anyforestland, brushland, grassland or wasteland. Such person shall be liablefor the full amount of all expenses incurred by the Commonwealth, forfighting or extinguishing such fire. All expenses collected shall be creditedto the Forestry Operations Fund. It shall be the duty of the Commonwealth'sattorneys to institute and prosecute proper proceedings under this section,at the instance of the State Forester.
B. Any locality may collect the costs of fire fighting from any person whointentionally starts a fire and who fails to attempt to prevent its escape,which fire burns on any forestland, brushland, grassland or wasteland. Suchperson shall be liable for the full amount of all expenses incurred by thelocality and any volunteer fire or rescue squad to fight or extinguish thefire and the reasonable administrative costs expended to collect suchexpenses. The locality shall remit any costs recovered on behalf of anotherentity to such entity.
C. The State Forester or a locality may institute an action and recover fromeither one or both parents of any minor, living with such parents or eitherof them, the cost of forest fire suppression suffered by reason of thewillful or malicious destruction of, or damage to, public or private propertyby such minor. No more than $750 may be recovered from such parents or eitherof them as a result of any forest fire incident or occurrence on which suchaction is based.
(Code 1950, §§ 10-58, 10-61; 1964, c. 79; 1986, c. 188; 1988, c. 891; 2008,c. 835.)