Fox News Flash top headlines for May 11
Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com.
Private property owners in Virginia are suing the state Department of Wildlife Resources over a law allowing hunters to enter their land when retrieving their dogs.
Code § 18.2-136, also known as the "Right to retrieve" allows for hunters to follow their dogs onto "prohibited lands," according to Virginia Code. No direct consent from the property owner is required as hunters are not required to give notice. As a result, landowners argue that the trespassing categorizes as "uncompensated taking of their land" and a violation of both the state and federal constitutions.
IDAHO MEN BANNED FROM HUNTING FOR UNLAWFUL KILLING OF BEAR
The lawsuit was filed last month in Henrico County Circuit Court. Lead plaintiff Jim Medeiros argues the law has led to a loss of livestock and poultry while also being a safety and privacy issue for his family, according to a statement released by the representing firm, Pacific Legal Foundation.
The law only allows hunters to enter private property during deer season, with the added prohibition of carrying any weapons or firearms. Pacific Legal claims hunters are taking advantage of the law by using the cover of other games' seasons to enter and hunt on private land year-round.
"Government cannot grant hunters access that violates property rights and disturbs the use of it without paying just compensation for the value of the property it has taken in this way – even if that access is in the form of retrieving a hunting dog," said Pacific Legal Foundation attorney Daniel Woislaw in the firm's statement.
A No Trespassing sign on the 143-acre dairy and poultry farm of Jim Medeiros in Wilsons, Virginia, April 20, 2022. (AP Photo/Steve Helber)
Several other states have similar laws with delineated boundaries, such as, a hunter cannot enter private property if a "no trespassing" sign is present. However, Virginia Code § 3.2-6538 allows hunting dogs to run "at large," allowing hunters to still proceed onto private property even after the owner has denied permission to access.
MAN BANNED FROM HUNTING FOR 8 YEARS AFTER ILLEGALLY HARVESTING ELK
The law was originally established in 1938, with several lawsuits attempting to overturn it throughout the years.
The current lawsuit is asking for the courts to declare the law "takes the plaintiffs' private property without compensation for public use." Pacific Legal cited the 2021 Cedar Point Nursery v. Hassid case, wherein such actions were violations of the Constitution's Fifth Amendment rights.
CLICK HERE TO GET THE FOX NEWS APP
The Department of Wildlife Resources declined to comment on the pending litigation. Fox News reached out to Medeiros but did not immediately hear back.
The Associated Press contributed to this report.
True Crime
The hottest stories ripped from the headlines, from crime to courts, legal and scandal.
By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use, and agree to receive content and promotional communications from Fox News. You understand that you can opt-out at any time.
