§ 2-39-108 — Livestock breaking into enclosures

If any livestock shall break into any enclosure, the owner of the livestock and the injured party shall: (1) For the first trespass: (A) The injured party shall make a record of the incursion and notify the Department of Agriculture in writing through procedure established by the department; and (B) The owner of the livestock shall make reparation to the injured party for the true value of damages he or she may have sustained; (2) For every additional trespass within twelve (12) months of the first trespass: (A) The injured party shall make a record of the incursion and notify the department in writing through procedure established by the department; and (B) The owner of the livestock shall be liable for double damages to be recovered with costs before any court having jurisdiction over the trespass; and (3) (A) For the third trespass within twelve (12) months of the first trespass, the party injured may sell or otherwise transfer the livestock so trespassing without being answerable for it. (B) The owner of the livestock may file a claim before any court having jurisdiction over the trespass to recover any amount of the proceeds in excess of the impounder's damage. (C) Notice provided to the department under this section may be used as evidence of the injured party's compliance in any proceedings stemming from the sale or transfer of the livestock.

Legislative History

Amended by Act 2023, No. 594,§ 7, eff. 8/1/2023. Rev. Stat., ch. 76, § 5; C. & M. Dig., § 4651; Pope's Dig., § 5740; A.S.A. 1947, § 78-1207; Acts 2001, No. 176, § 4.