169A.10  Evidence of ownership--investigations.

1.  In a suit at law or equity or in any criminal proceedings in which the title to an animal is an issue, the following shall be admissible as evidence:

a.  A certified copy of a record as provided for in section 169A.6 or 169A.9. The certified copy shall be prima facie evidence of the ownership of livestock by the person in whose name the brand is recorded.

b.  Information stored in an identification device which identifies the owner of an animal. The information shall be prima facie evidence of the ownership of the animal, if all of the following apply:

(1)  The identification device meets applicable design standards adopted by the international standard organization, or which may be adopted by the department.

(2)  The identification device is installed according to manufacturer's requirements.

(3)  The information is not in conflict with a certified copy of a record as provided for in section 169A.6 or 169A.9.

c.  The results of a sheriff's investigation as provided in this section.

2.  A dispute involving the custody or ownership of an animal branded or subject to electronic identification under this chapter shall be investigated, on request, by the sheriff of the county where the animal is located. The sheriff may call upon the services of an authorized person, approved by the secretary, in reading the brands on animals. The cost of the services shall be paid by the person requesting the investigation. The results of the sheriff's investigation are a public record.

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 187.10]

Section History: Recent form

  C93, § 169A.10

  95 Acts, ch 60, § 6; 98 Acts, ch 1208, §2

Internal References

  Referred to in § 331.653


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