25-2201. SPECIAL LIEN ON TRESPASSING ANIMALS. Any person having a field of [or] enclosure with a "lawful fence" as described in chapter 1, title 35, Idaho Code, entirely surrounding the field or enclosure shall have a special lien upon, and may take up any domestic livestock such as cattle, horses, mules, donkeys, sheep, goats or […]
25-2202. PERFECTING LIEN. In order to perfect such a lien the person claiming it shall within twenty-four (24) hours of taking up the livestock, notify the owner, if known, and the county sheriff and local state brand inspector by the best means available. The sheriff and brand inspector shall make information concerning this lien available […]
25-2203. APPOINTMENT OF VIEWERS. Within two (2) days after taking up the livestock the person claiming the lien shall appoint one (1) viewer. The owner of the livestock, if known, or if the owner is unknown or cannot be found, or refuses to make such appointment within three (3) days after the livestock have been […]
25-2204. DETERMINATIONS OF VIEWERS. It shall be the duty of the viewers by majority vote to determine within three (3) days after the appointment of the third viewer whether the person claiming the lien has a "legal fence" within the provisions of chapter 1, title 35, Idaho Code, entirely surrounding the enclosure. Any award of […]
25-2205. FINDINGS OF AMOUNT DUE. The viewers may either determine the amount due to the lienholder as above provided for or refuse to make such a finding if the enclosure does not have a "legal fence" surrounding it, or award a nominal amount if it appears that there are minimal damages. If the enclosure does […]
25-2206. ENFORCEMENT OF FINDING. If the viewers make any finding under this chapter, enforcement of that finding may be either by a sale as provided under the estray law, chapter 23, title 25, Idaho Code, where the finding is against the livestock owner, or by court action. History: [25-2206, added 1978, ch. 168, sec. 2, […]
25-2207. SALE AND DISTRIBUTION OF PROCEEDS. If the owner of the livestock cannot be found or is unknown, or if the owner of the livestock fails or refuses to pay any amount found against him within thirty (30) days after the viewers make such finding, such livestock may be sold in accordance with the estray […]
25-2208. LIVESTOCK NOT TO BE MOVED. The livestock shall not be moved out of the county where the enclosure is to be found without the written approval of all three (3) viewers or upon court order. History: [25-2208, added 1978, ch. 168, sec. 2, p. 368.]
25-2209. COURT PROCEEDINGS. If either the person claiming the lien or the person owning the livestock commence any civil action in court in regard to the seizure of the livestock, the "viewer" proceedings taken under this chapter may be terminated by the court or the court may require an oral or written report from the […]
25-2210. PENALTIES. Removal of the livestock from the custody of the sheriff, brand inspector or any person holding the livestock for the sheriff or brand inspector without payment in full of all charges or costs that have been incurred under this chapter shall be a misdemeanor and the livestock may be recovered to be disposed […]
25-2211. VIEWERS’ QUALIFICATIONS. The viewers provided for by this chapter shall not be related to the person appointing that viewer by consanquinity [consanguinity] or affinity within the second degree under the civil system of determining relationship. History: [25-2211, added 1978, ch. 168, sec. 2, p. 369.]
