40-28-5. Trespass liability not applicable to unfenced lands within national forests. No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of […]
40-28-6. Notice to livestock owner of injury from trespass. The person claiming injury from trespass of livestock, before commencing action thereon shall notify the owner or person having in charge such livestock, of the injury and probable amount of the damages, provided he knows to whom such livestock belongs. Source: CCivP 1877, §749; SL 1885 […]
40-28-7. Retention of trespassing livestock until damages paid. Any person suffering injury from trespass of livestock may retain and keep in custody such offending animal or animals until the damages and costs are paid, or until good and sufficient security be given for the same. Source: CCivP 1877, §750; SL 1885 (Spec. Laws), ch 17, […]
40-28-8. Notice to owner of seizure of trespassing animals. Whenever any animal or animals are restrained under §40-28-7, the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the […]
40-28-9. Security given by owner for release of trespassing animals held for damages. The security required by §40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for […]
