§ 169C.5 — Satisfaction for damages

Iowa § 169C.5

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 169C: TRESPASSING OR STRAY LIVESTOCK

Text

1. a. After receiving notice by an aggrieved party as required by section 169C.3, the
livestock owner shall pay all damages to the aggrieved party for which the livestock owner
is liable.
b. Theaggrievedpartyorthelivestockownermaybringacivilactioninordertodetermine
the livestock owner’s liability and the amount of any claim for damages. The aggrieved party
or livestock owner must bring the action within thirty days following receipt or publication
of the notice as required by section 169C.3. The court may join all other claims arising out of
the same facts that are alleged in the claim for damages. The civil action may be heard by a
district judge or a district associate judge. The civil action may be heard by the district court
sitting in small claims as provided in chapter 631.
c. If the livestock is in the custody of an aggrieved party or livestock care provider, a
rebuttable presumption arises that the livestock has trespassed or strayed from the control
of the livestock owner. The rebuttable presumption shall not apply if a criminal charge has
been filed involving the removal or transfer of the livestock. The burden of proof regarding
all other matters of dispute shall be on the aggrieved party.
d. The failure of an aggrieved party to provide notice as required by section 169C.3 shall
not bar the aggrieved party from being awarded a judgment, if the court determines that the
3 TRESPASSING OR STRAY LIVESTOCK, §169C.6
livestock owner had actual knowledge that the livestock had trespassed or strayed and the
name and address of the aggrieved party.
2. If a civil action is brought by the livestock owner or aggrieved party, the matter shall be
heard by a court on an expedited basis. The aggrieved party shall provide for the transfer of
the livestock to the livestock owner, if the livestock owner posts a bond or other security with
the court in the amount of the aggrieved party’s claim. If a bond or security is not posted,
the aggrieved party or livestock care provider shall keep custody of and provide maintenance
to the livestock. However, the livestock owner shall post the bond or other security if the
matterissetforhearingmorethanthirtydaysfromthedatethatthepetitionbringingthecivil
action is filed. The court shall order the immediate disposition of the livestock as provided
in chapter 717, if the livestock is permanently distressed by disease or injury to a degree that
would result in severe or prolonged suffering.
3. If a civil action is not timely brought as provided in this section, title to the livestock
shall transfer to the aggrieved party thirty days following receipt of the notice by the livestock
owner or the first date of the notice’s publication as required pursuant to section 169C.3, if
the parties fail to agree to the amount, terms, or conditions of payment or if the identity of
the livestock owner cannot be determined. Title to the livestock shall transfer subject to any
applicable security interests or liens.
4. A landowner is liable to the livestock owner for twice the fair market value of livestock
that the landowner transfers to a person other than a local authority in violation of section
169C.2.
5. If the aggrieved party is a local authority, the local authority shall reimburse the
landowner for the landowner’s damages from proceeds received from the sale of the
livestock, after satisfying any superior security interests or liens.