Some states are “open range” or a “fence out” states, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. But some state legislatures have enacted statutes known as "stock laws" that modify the common law (rules contained in court opinions written by judges) and prohibit owners from allowing animals to run at large.
Virginia is not an 'open range' or 'fence out' state. Instead, it has 'fence in' laws that require livestock owners to keep their animals from running at large. Virginia Code Section 3.2-6538 states that it is generally unlawful for the owner of any livestock to permit the animals to run at large beyond the boundaries of their own land. If livestock is found running at large, they can be taken up by any person, and the owner may be liable for damages caused by the livestock. Additionally, certain counties or areas within Virginia may have their own specific ordinances that further regulate the containment of livestock. Livestock owners are responsible for being aware of and complying with both state statutes and local ordinances regarding the containment of their animals.