169C.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Aggrieved party” means a landowner or a local authority. 2. “County system” means the same as defined in section 445.1. 3. “Fence” means a fence as described in chapter 359A which is lawful and tight as provided in that chapter, including but […]
169C.2 Custody. A landowner may take custody of livestock if the livestock trespasses upon the landowner’s land or strays from the livestock owner’s control on a public road which adjoins the landowner’s land. A local authority may take custody of the livestock as provided by the local authority. The landowner shall not transfer custody of […]
169C.3 Notice to livestock owner. 1. a. If livestock trespasses upon a landowner’s land or the landowner takes custody of the livestock, the landowner shall deliver notice of the trespass or custody to the livestock owner within forty-eight hours following discovery of the trespass or taking custody of livestock which has not trespassed. If a […]
169C.4 Liability. 1. A livestock owner shall be liable to the following persons: a. To a landowner for damages caused by the livestock owner’s livestock which have trespassed on the landowner’s land, including but not limited to property damage and costs incurred by the landowner’s custody of the livestock including maintenance costs. A livestock owner’s […]
169C.5 Satisfaction for damages. 1. a. After receiving notice by an aggrieved party as required by section 169C.3, the livestock owner shall pay all damages to the aggrieved party for which the livestock owner is liable. b. The aggrieved party or the livestock owner may bring a civil action in order to determine the livestock […]
169C.6 Habitual trespass. A habitual trespass occurs when livestock trespasses from the land where the livestock are kept onto the land of a neighboring landowner or strays from the land where the livestock are kept onto a public road, and on three or more separate occasions within the prior twelve-month period the same or different […]
