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2000 SESSION

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005850548
SENATE BILL NO. 241 Offered January 17, 2000 A BILL to amend and reenact § 29.1-518 of the Code of Virginia, relating to damage caused by beaver. ---------- Patron-- Trumbo ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That § 29.1-518 of the Code of Virginia is amended and reenacted as follows:

§ 29.1-518. When killing of beaver permitted; civil action.

A. When beaver are substantially damaging crops or lands, the owner of the premises, his agent or tenant, may kill the animals, or have them killed, under a permit obtained from the game warden.

B. Whenever beaver located on one landowner's property are damming a stream or a watercourse or other body of water so as to divert water flowing onto an adjacent landowner's property, or are damming a stream or a watercourse or other body of water so as to impound water upon an adjacent landowner's property, or are otherwise damaging crops, timber, or other property interests of an adjacent landowner, the adjacent landowner may bring a civil action against the owner of the land upon which the beaver are located to obtain all injunctive relief, both mandatory and prohibitory. The injunctive relief may require the landowner upon whose property the beaver are located to permanently remove all beaver dams diverting water from or impounding water on the adjacent landowner's property and may require such other relief as is necessary to prevent further interference with the adjacent landowner's property rights or damage to his crops, timber, or lands. In such civil action, the adjacent landowner shall further be entitled to compensatory damages together with reasonable attorney's fees expended in the civil action.