Title 36, Livestock
31 chapters · 151 sections in this title.
N.D.C.C. § 36-11-01 Livestock running at large prohibited - Penalty
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No livestock may be permitted to run at large. Any owner or possessor of livestock who willfully permits the livestock to run at large through failure to maintain a lawful fence as provided in section 47-26-01, except in grazing area as provided in section 36-11-07, is guilty of …
N.D.C.C. § 36-11-01.1 Livestock - Definition
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As used in this chapter, "livestock" includes bison, cattle, goats, horses, mules, sheep, and swine.
N.D.C.C. § 36-11-02 Owner defined
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In any action brought under the provisions of this chapter, any person occupying or cultivating lands is considered the owner thereof.
N.D.C.C. § 36-11-06 Certain animals not to be permitted to run at large at any time - Penalty
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The owner or person in charge of any stallion, jack, boar, ram, bull, or any animal known to be vicious who negligently permits such animal to run at large is liable in a civil action to any person who is damaged, either directly or indirectly, by such violation for all damages r…
N.D.C.C. § 36-11-07 Liability of owners of livestock injuring persons or property of others
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1. The owner or possessor of any livestock that inflicts damage or injury to: a. Motor vehicles or their occupants upon a public highway within a grazing area in which proper signs, approved by the director of the department of transportation, indicating limited liability are pos…
N.D.C.C. § 36-11-09 Action permitted when livestock breaks through lawful fence
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Any person owning or having charge of any livestock that goes through, over, or under any lawful fence is liable for all resulting damages. Any livestock that goes through, over, or under a lawful fence is deemed trespassing livestock for the purposes of this chapter.
N.D.C.C. § 36-11-10 Trespassing livestock may be distrained - Notice to owner - Security for release
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1. The person suffering damages by reason of the trespass of any livestock may take up the offending livestock. The person suffering damages shall notify the owner, or the person in possession of the livestock at the time of the trespass, of the seizure of the livestock without u…
N.D.C.C. § 36-11-11 Procedure when security given
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When security for the payment of damages and costs is approved by the district judge, the judge shall issue an order directed to the person holding the livestock to deliver the livestock to the person entitled to the livestock, and the officer receiving the order shall take the l…
N.D.C.C. § 36-11-12 Notice of damages to owner of livestock before action is commenced
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Before commencing any action for damages caused by the trespass of any livestock, the person sustaining damages, if the person knows to whom the livestock belongs and the owner is a resident of, and is present in, the county in which the trespass occurred, shall notify the owner,…
N.D.C.C. § 36-11-13 When action for trespass of livestock must be commenced
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A party claiming damage for trespass of livestock under this chapter shall bring an action to recover the same within: 1. Sixty days after the infliction of the damage if the offending livestock have been distrained by the person who has been damaged and a lien is sought to be im…
N.D.C.C. § 36-11-14 Procedure when keeper or owner of trespassing livestock is unknown
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If the person suffering damage because of the trespass of livestock which has been taken up under this chapter does not know the name of the owner or keeper of the livestock, the person may bring an action against an unknown defendant. In such case, service must be made by public…
N.D.C.C. § 36-11-15 Proof on trial of action for trespass of livestock
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Upon the trial of an action brought under this chapter, the plaintiff shall prove: 1. The amount of damage sustained by the plaintiff by reason of the trespass; and 2. If the plaintiff has distrained the livestock committing the trespass, the amount of expense incurred in distrai…
N.D.C.C. § 36-11-16 Judgment for plaintiff is lien on livestock
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Any judgment rendered for damages against the defendant in an action brought under this chapter is a lien upon the livestock committing the trespass if the livestock were distrained by the plaintiff, and the livestock may be sold as in other cases of sale of personal property on …
N.D.C.C. § 36-11-17 Collection of judgment against unknown defendant - Disposition of surplus
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After a judgment has been rendered against an unknown defendant as provided in section 36-11-14, the livestock, or so many of them as may be necessary, must be sold in the same manner as personal property is sold upon execution. Any surplus remaining from the sale after the judgm…
N.D.C.C. § 36-11-18 When judgment of original court final - Right to trial by jury
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In all actions brought under this chapter, if the amount of damages claimed does not exceed twenty-five dollars, the judgment of the court having original jurisdiction is final. Either party to the action may have a jury trial upon demand.
N.D.C.C. § 36-11-19 Taking livestock distrained - Penalty
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Every person who, except by due course of law, takes, advises, or assists in the taking of any livestock distrained and held by virtue of this chapter, from the possession of the person having the livestock, without the consent of the person holding the livestock, is guilty of a …
N.D.C.C. § 36-11-20 Sheriff to return or impound livestock running at large - Expenses to be paid by owner
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In the event of a complaint by anyone suffering injury or damages or likely to suffer injury or damages as a result of livestock running at large contrary to section 36-11-01, the sheriff of the county in which the livestock may be found shall return the livestock to the owner or…