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PAG LIN
1 1 SENATE FILE 219
1 2
1 3 AN ACT
1 4 RELATING TO TRESPASSING OR STRAY LIVESTOCK AND PROVIDING
1 5 REMEDIES AND AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 169C.1 DEFINITIONS.
1 10 As used in this chapter, unless the context otherwise
1 11 requires:
1 12 1. "Aggrieved party" means a landowner or a local
1 13 authority.
1 14 2. "Landowner" means a person who holds an interest in
1 15 land, including a titleholder or tenant.
1 16 3. "Livestock" means an animal belonging to the bovine,
1 17 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 18 or emus; farm deer as defined in section 481A.1; or poultry.
1 19 4. "Livestock care provider" means a person designated by
1 20 a local authority to provide care to livestock which is
1 21 distrained by a local authority.
1 22 5. "Livestock owner" means the person who holds title to
1 23 livestock or who is primarily responsible for the care and
1 24 feeding of the livestock as provided by the titleholder.
1 25 6. "Local authority" means a city as defined in section
1 26 362.2 or a county as provided in chapter 331.
1 27 7. "Maintenance" means the provision of shelter, food,
1 28 water, or a nutritional formulation as required pursuant to
1 29 chapter 717.
1 30 Sec. 2. NEW SECTION. 169C.2 CUSTODY AND MAINTENANCE.
1 31 A landowner may take custody of livestock if the livestock
1 32 trespasses upon the landowner's land or strays from the
1 33 livestock owner's control on a public road which adjoins the
1 34 landowner's land. A local authority may take custody of the
1 35 livestock as provided by the local authority. The landowner
2 1 shall not transfer custody of the livestock to a person other
2 2 than the livestock owner or a local authority, unless the
2 3 livestock owner approves of the transfer. A local authority
2 4 shall not transfer custody of the livestock to a person other
2 5 than the livestock owner or a livestock care provider.
2 6 Sec. 3. NEW SECTION. 169C.3 NOTICE TO LIVESTOCK OWNER.
2 7 1. a. If livestock trespasses upon a landowner's land or
2 8 the landowner takes custody of the livestock, the landowner
2 9 shall deliver notice of the trespass or custody to the
2 10 livestock owner within forty-eight hours following discovery
2 11 of the trespass or taking custody of livestock which has not
2 12 trespassed. If a local authority takes custody of the
2 13 livestock, the local authority shall deliver notice of the
2 14 custody to the livestock owner within forty-eight hours after
2 15 taking custody of the livestock. The forty-eight-hour period
2 16 shall exclude any time that falls on a Sunday or a holiday
2 17 recognized by the state or the United States. The notice
2 18 shall be made in writing and delivered by certified mail or
2 19 personal service to the last known mailing address of the
2 20 livestock owner.
2 21 b. If the aggrieved party does not know the name and
2 22 address of the livestock owner, the aggrieved party shall make
2 23 reasonable efforts to determine the identity of the livestock
2 24 owner. The reasonable efforts shall include obtaining the
2 25 name and address of the owner of the brand appearing on the
2 26 livestock from the department of agriculture and land
2 27 stewardship under chapter 169A. If the name and address of
2 28 the livestock owner cannot be determined, the aggrieved party
2 29 shall publish the notice as soon as possible at least once
2 30 each week for two consecutive weeks in a newspaper having
2 31 general circulation in the county where the livestock is
2 32 located.
2 33 2. A notice required under this section shall at least
2 34 provide all of the following:
2 35 a. The name and address of the landowner or local
3 1 authority.
3 2 b. A description of the livestock and where it trespassed
3 3 or strayed.
3 4 c. An estimate of the amount of the livestock owner's
3 5 liability.
3 6 Sec. 4. NEW SECTION. 169C.4 LIABILITY.
3 7 1. A livestock owner shall be liable to the following
3 8 persons:
3 9 a. To a landowner for damages caused by the livestock
3 10 owner's livestock which have trespassed on the landowner's
3 11 land, including but not limited to property damage and costs
3 12 incurred by a landowner's custody of the livestock including
3 13 maintenance costs. A livestock owner's liability is not
3 14 affected by the failure of a landowner to take custody of the
3 15 livestock. A livestock owner shall not be liable for damages
3 16 incurred by the landowner if the livestock trespassed through
3 17 a fence that was not maintained by the landowner as required
3 18 pursuant to chapter 359A.
3 19 b. To a landowner who takes custody of livestock on a
3 20 public road as provided in section 169C.3 for costs incurred
3 21 by the landowner in taking custody of the livestock, including
3 22 maintenance costs.
3 23 c. To a local authority which takes custody of livestock
3 24 for costs incurred by the local authority in taking custody of
3 25 the livestock, including maintenance costs.
3 26 2. An aggrieved party who fails to provide timely notice
3 27 of a livestock's trespass or custody as required by section
3 28 169C.3 shall not be entitled to compensation for damages for
3 29 the period of time during which the aggrieved party fails to
3 30 provide timely notice.
3 31 3. An aggrieved party is not liable for an injury or death
3 32 suffered by the livestock in the landowner's custody, unless
3 33 the landowner caused the injury or death. The landowner is
3 34 not liable for livestock that strays from the landowner's
3 35 land. An aggrieved party is not liable for livestock that
4 1 strays from the control of the aggrieved party.
4 2 Sec. 5. NEW SECTION. 169C.5 SATISFACTION FOR DAMAGES.
4 3 1. a. After receiving notice by an aggrieved party as
4 4 required by section 169C.3, the livestock owner shall pay all
4 5 damages to the aggrieved party for which the livestock owner
4 6 is liable.
4 7 b. The aggrieved party or the livestock owner may bring a
4 8 civil action in order to determine the livestock owner's
4 9 liability and the amount of any claim for damages. The
4 10 aggrieved party or livestock owner must bring the action
4 11 within thirty days following receipt or publication of the
4 12 notice as required by section 169C.3. The court may join all
4 13 other claims arising out of the same facts that are alleged in
4 14 the claim for damages. The civil action may be heard by a
4 15 district judge or a district associate judge. The civil
4 16 action may be heard by the district court sitting in small
4 17 claims as provided in chapter 631.
4 18 c. If the livestock is in the custody of an aggrieved
4 19 party or livestock care provider, a rebuttable presumption
4 20 arises that the livestock has trespassed or strayed from the
4 21 control of the livestock owner. The rebuttable presumption
4 22 shall not apply if a criminal charge has been filed involving
4 23 the removal or transfer of the livestock. The burden of proof
4 24 regarding all other matters of dispute shall be on the
4 25 aggrieved party.
4 26 d. The failure of an aggrieved party to provide notice as
4 27 required by section 169C.3 shall not bar the aggrieved party
4 28 from being awarded a judgment, if the court determines that
4 29 the livestock owner had actual knowledge that the livestock
4 30 had trespassed or strayed and the name and address of the
4 31 aggrieved party.
4 32 2. If a civil action is brought by the livestock owner or
4 33 aggrieved party, the matter shall be heard by a court on an
4 34 expedited basis. The aggrieved party shall provide for the
4 35 transfer of the livestock to the livestock owner, if the
5 1 livestock owner posts a bond or other security with the court
5 2 in the amount of the aggrieved party's claim. If a bond or
5 3 security is not posted, the aggrieved party or livestock care
5 4 provider shall keep custody of and provide maintenance to the
5 5 livestock. However, the livestock owner shall post the bond
5 6 or other security if the matter is set for hearing more than
5 7 thirty days from the date that the petition bringing the civil
5 8 action is filed. The court shall order the immediate
5 9 disposition of the livestock as provided in chapter 717, if
5 10 the livestock is permanently distressed by disease or injury
5 11 to a degree that would result in severe or prolonged
5 12 suffering.
5 13 3. If a civil action is not timely brought as provided in
5 14 this section, title to the livestock shall transfer to the
5 15 aggrieved party thirty days following receipt of the notice by
5 16 the livestock owner or the first date of the notice's
5 17 publication as required pursuant to section 169C.3, if the
5 18 parties fail to agree to the amount, terms, or conditions of
5 19 payment or if the identity of the livestock owner cannot be
5 20 determined. Title to the livestock shall transfer subject to
5 21 any applicable security interests or liens.
5 22 4. A landowner is liable to the livestock owner for twice
5 23 the fair market value of livestock that the landowner
5 24 transfers to a person other than a local authority in
5 25 violation of section 169C.2.
5 26 5. If the aggrieved party is a local authority, the local
5 27 authority shall reimburse the landowner for the landowner's
5 28 damages from proceeds received from the sale of the livestock,
5 29 after satisfying any superior security interests or liens.
5 30 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
5 31 immediate importance, takes effect upon enactment.
5 32
5 33
5 34
5 35 MARY E. KRAMER
6 1 President of the Senate
6 2
6 3
6 4
6 5 RON J. CORBETT
6 6 Speaker of the House
6 7
6 8 I hereby certify that this bill originated in the Senate and
6 9 is known as Senate File 219, Seventy-seventh General Assembly.
6 10
6 11
6 12
6 13 MARY PAT GUNDERSON
6 14 Secretary of the Senate
6 15 Approved , 1997
6 16
6 17
6 18
6 19 TERRY E. BRANSTAD
6 20 Governor
Text: SF00218 Text: SF00220 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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