Text: SSB00136 Text: SSB00138 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 169C.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Aggrieved party" means a landowner or a local 1 5 authority 1 6 2. "Landowner" means a person who holds an interest in 1 7 land, including a titleholder or tenant. 1 8 3. "Livestock" means an animal belonging to the bovine, 1 9 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 10 or emus; farm deer as defined in section 481A.1; or poultry. 1 11 4. "Livestock care provider" means a person designated by 1 12 a local authority to provide care to livestock which is 1 13 distrained by a local authority. 1 14 5. "Livestock owner" means the person who holds title to 1 15 livestock or who is primarily responsible for the care and 1 16 feeding of the livestock as provided by the titleholder. 1 17 6. "Local authority" means a city as defined in section 1 18 362.2 or a county as provided in chapter 331. 1 19 7. "Maintenance" means the provision of shelter, food, 1 20 water, or a nutritional formulation as required pursuant to 1 21 chapter 717. 1 22 Sec. 2. NEW SECTION. 169C.2 CUSTODY AND MAINTENANCE. 1 23 A landowner may take custody of livestock if the livestock 1 24 trespasses upon the landowner's land or strays from the 1 25 livestock owner's control on a public road which adjoins the 1 26 landowner's land. A local authority may take custody of the 1 27 livestock as provided by the local authority. The landowner 1 28 shall not transfer custody of the livestock to a person other 1 29 than the livestock owner or a local authority, unless the 1 30 livestock owner approves of the transfer. A local authority 1 31 shall not transfer custody of the livestock to a person other 1 32 than the livestock owner or a livestock care provider. 1 33 Sec. 3. NEW SECTION. 169C.3 NOTICE TO LIVESTOCK OWNER. 1 34 1. a. If livestock trespasses upon a landowner's land or 1 35 the landowner takes custody of the livestock, the landowner 2 1 shall deliver notice of the trespass or custody to the 2 2 livestock owner within forty-eight hours following discovery 2 3 of the trespass or taking custody of livestock which has not 2 4 trespassed. If a local authority takes custody of the 2 5 livestock, the local authority shall deliver notice of the 2 6 custody to the livestock owner within forty-eight hours after 2 7 taking custody of the livestock. The forty-eight-hour period 2 8 shall exclude any time that falls on a Sunday or a holiday 2 9 recognized by the state or the United States. The notice 2 10 shall be made in writing and delivered by certified mail or 2 11 personal service to the last known mailing address of the 2 12 livestock owner. 2 13 b. If the aggrieved party does not know the name and 2 14 address of the livestock owner, the aggrieved party shall make 2 15 reasonable efforts to determine the identity of the livestock 2 16 owner. The reasonable efforts shall include obtaining the 2 17 name and address of the owner of the brand appearing on the 2 18 livestock from the department of agriculture and land 2 19 stewardship under chapter 169A. If the name and address of 2 20 the livestock owner cannot be determined, the aggrieved party 2 21 shall publish the notice as soon as possible at least once 2 22 each week for two consecutive weeks in a newspaper having 2 23 general circulation in the county where the livestock is 2 24 located. 2 25 2. A notice required under this section shall at least 2 26 provide all of the following: 2 27 a. The name and address of the landowner or local 2 28 authority. 2 29 b. A description of the livestock and where it trespassed 2 30 or strayed. 2 31 c. An estimate of the amount of the livestock owner's 2 32 liability. 2 33 Sec. 4. NEW SECTION. 169C.4 LIABILITY. 2 34 1. A livestock owner shall be liable to the following 2 35 persons: 3 1 a. To a landowner for damages caused by the livestock 3 2 owner's livestock which have trespassed on the landowner's 3 3 land, including but not limited to property damage and costs 3 4 incurred by a landowner's custody of the livestock including 3 5 maintenance costs. A livestock owner's liability is not 3 6 affected by the failure of a landowner to take custody of the 3 7 livestock. A livestock owner shall not be liable for damages 3 8 incurred by the landowner if the livestock trespassed through 3 9 a fence that was not maintained by the landowner as required 3 10 pursuant to chapter 359A. 3 11 b. To a landowner who takes custody of livestock on a 3 12 public road as provided in section 169C.3 for costs incurred 3 13 by the landowner in taking custody of the livestock, including 3 14 maintenance costs. 3 15 c. To a local authority which takes custody of livestock 3 16 for costs incurred by the local authority in taking custody of 3 17 the livestock, including maintenance costs. 3 18 2. An aggrieved party who fails to provide timely notice 3 19 of a livestock's trespass or custody as required by section 3 20 169C.3 shall not be entitled to compensation for damages for 3 21 the period of time during which the aggrieved party fails to 3 22 provide timely notice. 3 23 3. An aggrieved party is not liable for an injury or death 3 24 suffered by the livestock in the landowner's custody, unless 3 25 the landowner caused the injury or death. The landowner is 3 26 not liable for livestock that strays from the landowner's 3 27 land. An aggrieved party is not liable for livestock that 3 28 strays from the control of the aggrieved party. 3 29 Sec. 5. NEW SECTION. 169C.5 SATISFACTION FOR DAMAGES. 3 30 1. a. After receiving notice by an aggrieved party as 3 31 required by section 169C.3, the livestock owner shall pay all 3 32 damages to the aggrieved party for which the livestock owner 3 33 is liable. 3 34 b. The aggrieved party or the livestock owner may bring a 3 35 civil action in order to determine the livestock owner's 4 1 liability and the amount of any claim for damages. The 4 2 aggrieved party or livestock owner must bring the action 4 3 within thirty days following receipt or publication of the 4 4 notice as required by section 169C.3. The court may join all 4 5 other claims arising out of the same facts that are alleged in 4 6 the claim for damages. The civil action may be heard by a 4 7 district judge or a district associate judge. The civil 4 8 action may be heard by the district court sitting in small 4 9 claims as provided in chapter 631. 4 10 c. If the livestock is in the custody of an aggrieved 4 11 party or livestock care provider, a rebuttable presumption 4 12 arises that the livestock has trespassed or strayed from the 4 13 control of the livestock owner. The rebuttable presumption 4 14 shall not apply if a criminal charge has been filed involving 4 15 the removal or transfer of the livestock. The burden of proof 4 16 regarding all other matters of dispute shall be on the 4 17 aggrieved party. 4 18 d. The failure of an aggrieved party to provide notice as 4 19 required by section 169C.3 shall not bar the aggrieved party 4 20 from being awarded a judgment, if the court determines that 4 21 the livestock owner had actual knowledge that the livestock 4 22 had trespassed or strayed and the name and address of the 4 23 aggrieved party. 4 24 2. The matter shall be heard by the court within thirty 4 25 days from the filing of a petition by the livestock owner or 4 26 aggrieved party. The aggrieved party or livestock care 4 27 provider shall keep custody of and provide maintenance to the 4 28 livestock during the proceedings, unless the court orders 4 29 otherwise. However, the livestock shall be returned to the 4 30 livestock owner, if the livestock owner posts a bond or other 4 31 security with the court in an amount determined by the court, 4 32 which shall be not more than the amount of the aggrieved 4 33 party's claim. The court may continue the hearing for up to 4 34 forty days upon motion by the livestock owner. However, the 4 35 livestock owner must post the bond or other security with the 5 1 court. The court may grant a subsequent continuance by the 5 2 livestock owner for the same length of time. The court shall 5 3 order the immediate disposition of the livestock as provided 5 4 in chapter 717, if the livestock is permanently distressed by 5 5 disease or injury to a degree that would result in severe or 5 6 prolonged suffering. 5 7 3. a. If a petition is not timely brought in district 5 8 court contesting the livestock owner's liability as provided 5 9 in this section, the livestock owner shall pay the aggrieved 5 10 party the amount in damages incurred by the aggrieved party as 5 11 established in the notice. The agreement shall be enforceable 5 12 in a civil action. 5 13 b. 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. A landowner is liable to a livestock owner for an 5 27 amount equaling the difference between the fair market value 5 28 of livestock and damages incurred by the aggrieved party 5 29 including maintenance costs prior to transfer of the 5 30 livestock's title pursuant to section 169C.5. If the 5 31 aggrieved party is a local authority, the local authority 5 32 shall reimburse the landowner for the landowner's damages from 5 33 proceeds received from the sale of the livestock, after 5 34 satisfying any superior security interests or liens. 5 35 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 6 1 immediate importance, takes effect upon enactment. 6 2 EXPLANATION 6 3 This bill provides a cause of action to a landowner or a 6 4 county or city, referred to as a local authority, when the 6 5 livestock is trespassing, or is taken into custody when it has 6 6 strayed from its owners control. The bill provides that a 6 7 landowner may take custody of livestock if the livestock 6 8 trespasses upon the landowner's land or is on a public road 6 9 which adjoins the landowner's land. The bill also provides 6 10 that a local authority may take custody of the livestock. The 6 11 bill provides that the landowner or the local authority must 6 12 provide notice to the livestock owner. The livestock owner is 6 13 liable for damages caused by the livestock, including property 6 14 damage and costs associated with the trespass or custody, 6 15 including livestock maintenance costs during a period of 6 16 custody. After receiving notice, the livestock owner is 6 17 required to pay damages to the landowner or local authority. 6 18 Either party may bring an action in district court to 6 19 determine liability. The court case must be heard on an 6 20 expedited basis. If the case is not brought to court, title 6 21 to the livestock transfers to the landowner or local 6 22 authority, if the livestock owner fails to pay the damages or 6 23 the identity of the livestock owner cannot be determined. The 6 24 landowner or local authority must reimburse the livestock 6 25 owner for the difference between the value of the livestock 6 26 and the amount incurred in damages. If the local authority 6 27 takes custody of the livestock, the local authority must 6 28 reimburse the landowner for the landowner's damages from 6 29 proceeds received from the sale of the livestock. 6 30 The bill takes effect upon enactment. 6 31 LSB 1547SC 77 6 32 da/jj/8.1
Text: SSB00136 Text: SSB00138 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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