§ 36-11-07 — Liability of owners of livestock injuring persons or property of others

1. The owner or possessor of any livestock that inflicts damage or injury to:
a. Motor vehicles or their occupants upon a public highway within a grazing area in
which proper signs, approved by the director of the department of transportation,
indicating limited liability are posted at a point adjacent to the highway not less
than two hundred feet [60.96 meters] nor more than four hundred feet [121.92
meters] from the entrance of the highway into the grazing area and so posted as
to be plainly visible to individuals approaching the entrance; or
b. The crops or other property of another or trespasses upon the lands or premises
of another, where the damaged or injured crops, property, lands, or premises are
located within a grazing area, except as provided in section 36-11-09, is not liable
to any person sustaining damages or injury.
2. For the purpose of this section, a "grazing area" means any area designated as a
grazing area by a majority of the board of county commissioners, either upon the
motion of one of the commissioners or upon presentation to the board of a petition
signed by a majority of the real property owners and tenants in the area in which it is

proposed that a grazing area be established. A grazing area must be used primarily for
the purpose of grazing livestock and enclosed by a fence or other suitable means.
3. Except as provided above, the owner or possessor of any livestock that inflicts
damage to the crops or other property of another or which trespasses upon the lands
of another, whether the lands are fenced or unfenced, is liable to the persons
sustaining the injuries or to the owner of the lands for all damages suffered by the
owner, together with the statutory costs of the action to recover damages, and a
reasonable attorney's fee allowed by the court.