Montana § 76-16-316 Sale Of Trespassing Livestock

Montana Statutes

§ 76-16-316 — Sale Of Trespassing Livestock

Montana § 76-16-316

Title 76LAND RESOURCES AND USE

Ch. 16GRAZING DISTRICTS

Part 3Organization, Administration, and Operation

This text of Montana § 76-16-316 (Sale Of Trespassing Livestock) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 76-16-316 (2026).

Text

76-16-316 . Sale of trespassing livestock.

(1)Upon receipt of the statement referred to in 76-16-315 , the sheriff shall proceed to advertise and sell at public auction the livestock taken up.

(2)The livestock must be sold on 5 days' notice posted at the courthouse of each county in which any portion of the state district lies and in a newspaper of general circulation in the county. The sheriff may require from the state district a sufficient bond, conditioned upon the following:

(a)that the state district has used reasonable diligence to discover the owner of the stock and to notify the owner in the premises;

(b)that all requirements of law on the part of the state district to be performed in the premises have been performed; and

(c)that the sheriff is indemnified against all liabili

Free access — add to your briefcase to read the full text and ask questions with AI

76-16-316 . Sale of trespassing livestock. (1) Upon receipt of the statement referred to in 76-16-315 , the sheriff shall proceed to advertise and sell at public auction the livestock taken up.
(2) The livestock must be sold on 5 days' notice posted at the courthouse of each county in which any portion of the state district lies and in a newspaper of general circulation in the county. The sheriff may require from the state district a sufficient bond, conditioned upon the following:
(a) that the state district has used reasonable diligence to discover the owner of the stock and to notify the owner in the premises;
(b) that all requirements of law on the part of the state district to be performed in the premises have been performed; and
(c) that the sheriff is indemnified against all liability for the sale of the livestock except as to the sheriff's own failure to perform the things required by law.

Legislative History

En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part); amd. Sec. 25, Ch. 401, L. 1999; amd. Sec. 26, Ch. 31, L. 2001.