Q: Can I challenge the legality of Va. Code 18.2-136 "Right to Retrieve" in appellate court?
Owners of hunting dogs can access private property with or with out permission of the owner at any time. In fact, by code, a property owner can't deny access to private land under any circumstance.
I think the General Assembly has this wrong. How can I challenge this in court. Seems like this would possibly violate the 5th and/or the 14th amendment.
A: One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before 1950. It appears as § 29-168 of the Code of 1950, and the section is amended in 1964, 1975, 1988, 1991, 2007, and 2011. I wonder if there are cases on it, and I'll bet there are. Sounds like a fine, short research project for a junior lawyer, and that research may save you time or money in evaluating your chances of success. In any event, my instincts tell me that your best claim is not under the Federal 5th and 14th Amendments. I'm not even sure they are relevant except in the same way that racially discriminatory restrictive covenants could not be enforced in court. That seems like a tremendous stretch to these facts. But, the Virginia Supreme Court takes real property rights very seriously in all of the cases I've ever read. The remedy is likely there.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
