§ 7702 — Taking up and impounding livestock at large

(a) Any person or agent of the Department may take up any livestock found running at large, upon the public highways, or on unenclosed lands within this State and impound the same. Such person or agent of the Department may demand and receive a reasonable sum for the impoundment, care, and feeding of the livestock while in such person’s care. The care and shelter provided shall be humane and shall be adequate for the size and class of livestock impounded. The State Veterinarian will be responsible for determining if the livestock are being housed and fed properly as well as determining a fair and reasonable cost for impoundment, care, and feeding per day.

(b) The person or agent of the Department taking up and impounding the livestock shall forthwith give written notice of the taking up and impounding to the owner thereof, if known, or by leaving the notice with an adult person at the owner’s or their usual place of abode; or, if unknown, shall place a notice of 3 days’ duration in at least 2 forms of media, including 1 print, adequately describing the livestock and giving an accurate location where the livestock was found, and the name, address,and telephone number of the person holding the livestock.

(c) Any person or agent of the Department taking up and impounding livestock under this chapter who refuses or neglects to give notice as provided in this section, shall be liable to the owner of such livestock in civil damages, to be recovered in a civil action before a Justice of the Peace Court or the Court of Common Pleas of the county in which the livestock was taken up.

Legislative History

19 Del. Laws, c. 657, § 2 ; Code 1915, § 3633; Code 1935, § 4183; 3 Del. C. 1953, § 7702; 64 Del. Laws, c. 292, § 2 ; 67 Del. Laws, c. 195, § 1 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 37, § 3