33.1-210 - Livestock on right-of-way of any system of state highways.
§ 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 bepastured or grazed, or otherwise permit to be on any right-of-way of any roadin any system of state highways, except as herein otherwise provided, anylivestock, unless such animal or animals be securely tied or held by chain orrope so as to prevent such animal from getting on the traveled portion of thehighway; provided, however, that this section shall not apply when suchlivestock are being driven along such road or right-of-way while under thecontrol of a responsible drover or drovers.
However, nothing in this section shall prevent the owners of abutting parcelsof land from grazing livestock unsecured by chain or rope on secondary roadswhich (i) have been taken into the system as gated roads and (ii) carry fewerthan fifty vehicles per day.
On gated roads carrying fifty or more vehicles per day, the Department ofTransportation shall, upon the request of the local governing body and uponthe recordation of a deed of gift or donation by such landowner of not lessthan forty-foot right-of-way, reimburse abutting landowners a sum equal toone dollar per foot of fencing which must be installed to keep cattle fromentering the right-of-way from such abutting land. Where such fencingseparates pasture land from a water source used by the owner of such pastureland to water his livestock, the Department of Transportation shall constructor have constructed a means of access by which stock may reach the watersource from the pasture land. Moneys for such fencing and construction ofaccess to water shall be taken from highway construction funds. For purposesof 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 ofthis article shall be fined not less than ten dollars nor more than fiftydollars for such offense.
Nothing herein shall be construed to transfer the liability for injuries orproperty damage caused by such grazing livestock.
(Code 1950, § 33-125; 1956, c. 221; 1970, c. 322; 1986, c. 367.)