33.1-204 - Gate or other obstruction across private roadway leading to forestlands; penalty for removal or leaving open or unlocked. - Virginia Statutes

§ 33.1-204. Gate or other obstruction across private roadway leading toforestlands; penalty for removal or leaving open or unlocked.

The owners of forest and timberlands may substantially obstruct or closeprivate and seldom used roadways leading to or into such forest ortimberlands from the public roads of this Commonwealth at points at or nearwhich such roads enter their property or forestlands; and, in all cases whereany such private roadway is subject to an easement for travel for the benefitof other lands not regularly and continuously inhabited, the owner of thesaid forest or timberlands may obstruct the roadway with a gate, chain, cableor other removable obstruction, lock the said obstruction and, afterfurnishing a key to the lock to the owner or owners of the land or lands towhich the forestlands are servient, require those entitled to the easement tounlock and relock such obstruction upon making use of the roadway.

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

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