Taking trespassing animals into possession

29-408. Taking trespassing animals into possession. If any of the animals mentioned in this act break free of their lawful enclosure, and trespass on land owned by another person, the owner or occupant of the land may take into possession such animal trespassing, and keep the same until damages, with reasonable charges for feeding and keeping, and all costs of suit, be paid, to be recovered in any court of competent jurisdiction. History: G.S. 1868, ch. 40, § 33; R.S. 1923, 29-408; L. 1986, ch. 195, § 8; July 1. Law Review and Bar Journal References: Kansas annotations to Restatement of Torts, F. J. Moreau, 11 J.B.A.K. 291, 306 (1943). CASE ANNOTATIONS 1. Injury must be consequence of voluntary act. Maltby v. Dihel, 5 Kan. 430, 432. 2. Detention of cattle by person damaged; owner's right of replevin. Smith v. Woodleaf, 21 Kan. 717, 719. 3. Landowner may waive lien claim and sue for damages. Prather v. Reeve, 23 Kan. 627, 629. 4. Colt killed by mule known to be vicious; owner liable. Hill v. Applegate, 40 Kan. 31, 19 P. 315. 5. Damage action; bull escaped through fence killing another; petition sufficient against demurrer. Bates v. Alliston, 186 Kan. 548, 550, 352 P.2d 16. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026