Title 36 — Livestock

Repealed by S.L. 1953, ch. 219, § 1. 36-11-04. Duty of board of county commissioners when petition is filed - Territory within cities, villages, and irrigation districts excluded. Repealed by S.L. 1953, ch. 219, § 1. 36-11-05. Revocation of resolution establishing stock district …

Repealed by omission from this code.

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…

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…

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. 36-11-10. T…

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…

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,…

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…

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…

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…

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 …

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…

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.

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 …

In this chapter, unless the context or subject matter otherwise requires: 1. "Drover" means any person having charge or control of any herd of neat cattle, horses, or mules numbering five or more, or any flock of sheep numbering twenty-five or more, as owner, agent, or employee, …

No drover or herder, or assistant of either, may drive or entice away, without the consent of the owner thereof, any animal from the premises of such owner or from the range or other place usually frequented by such animal, nor may such a person suffer any such animal to be drive…

Every drover shall have all animals in the drover's charge or control branded or marked with one uniform brand or mark. Each horse, mule, and head of cattle in the drover's charge or custody must be branded in a conspicuous place with one distinct ranch or road brand of the owner…

Whenever it is shown that any animal of a kind mentioned in this chapter: 1. Has been found in a herd or flock of the same kind of animals; 2. Is not a part of such herd or flock; and 3. Is in such herd or flock without the consent of the owner of such animal, such facts are pres…

Any person who violates any provision of this chapter is guilty of an infraction.

In this chapter, unless the context otherwise requires: 1. "Animals" means alpaca, bison, bovine animals, farmed elk, goats, horses, llamas, sheep, swine, and nontraditional livestock. 2. "Board" means the state board of animal health. 36-14-01. Sale or gift of animal infected wi…

Repealed by S.L. 1999, ch. 317, § 28. 36-14-06. Certificate of veterinary inspection required of sheep imported into state - Contents. Repealed by S.L. 1999, ch. 317, § 28. 36-14-07. Swine brought into state to have certificate of veterinary inspection - Contents. Repealed by S.L…

Repealed by S.L. 1961, ch. 245, § 1. 36-14-09. Living hog cholera virus and vaccines - Purchase, possession, or use of living hog cholera virus and vaccines prohibited - Penalty. The purchase, possession, or use of living hog cholera virus and vaccines by any person, including al…

Shipments into this state of animals for immediate slaughter may be permitted without a certificate of veterinary inspection only if the animals are not diverted en route and are delivered directly to a slaughtering establishment approved by the agriculture commissioner. 36-14-11…

The certificate certifying to a test made under this chapter must be made on official federal or state blanks and must accompany the shipment to its destination. When an original certificate is made, two copies of the certificate must be mailed immediately to the state veterinari…

If livestock is brought into this state in violation of this chapter or contrary to any rule of the state board of animal health, the state veterinarian or other accredited agent of the commissioner shall notify the state's attorney of the county into which the livestock has been…

Every person who owns or has in charge any sheep infected with scab or other infectious or contagious disease and who: 1. Does not keep such sheep securely within some enclosure; or 2. Drives or permits any such sheep to be driven upon any public highway, or within the distance o…

Repealed by S.L. 1975, ch. 106, § 673.

Repealed by S.L. 1975, ch. 106, § 673. 36-14-19. Disposition of carcass of animal dying from contagious or infectious disease. Any animal which is found dead must be presumed to have died from a contagious or infectious disease until the contrary is shown unless another cause of …

1. The board may order any domestic animal or nontraditional livestock brought into this state which is not in compliance with the provisions of this chapter to be returned to the state of origin, or in the alternative, the board may order the animal slaughtered or destroyed. 2. …

Every person violating any of the provisions of this chapter is liable in a civil action to any person injured by such violation for all damages directly or indirectly suffered thereby.

1. Whenever any animal has been adjudged to be diseased and ordered killed by the board, the board or its authorized agent, within seven days after the entry of the order and before the animal has been killed pursuant to the order, shall determine the actual value of the animal. …

Each member of the board of appraisers who is not an agent of the board is entitled to receive one hundred thirty-five dollars per day as compensation for services rendered, plus reimbursement for expenses as provided by law for state officers. Fifty percent of the amount due und…

If the board determines that an animal is so seriously diseased as to warrant disposal of the animal and of all other exposed animals, the board may approve indemnity payments, as funds are appropriated, on the animals in accordance with the limits set in section 36-14-27. The bo…

The return of an appraisal under this chapter must be in writing and signed by the board or by the board's agent who made the appraisal, or by the members of the board of appraisers if a reappraisal is made after a protest, and by the owner of the condemned animal. The return mus…

The right of the owner of a diseased animal to be indemnified does not exist and the board may not authorize payment if: 1. The animal belongs to the United States, to this state, or to any political subdivision of this state. 2. The owner at the time of coming into possession of…

In this chapter, unless the context or subject matter otherwise requires: 1. "Animals" means bovine animals or bison. 2. "Board" means the state board of animal health. 3. "Diseased", when used to describe any animals, means animals infected with either bovine tuberculosis or bru…

Repealed by S.L. 2001, ch. 316, § 10. 36-15-04. Protest of board's appraisal - Board of appraisers appointed - Appraisal to be final. Repealed by S.L. 2001, ch. 316, § 10.

Repealed by S.L. 1961, ch. 246, § 6.

Repealed by S.L. 2001, ch. 316, § 10.

Repealed by S.L. 2001, ch. 316, § 10. 36-15-08. Owner entitled to compensation for animal infected with tuberculosis or with paratuberculosis - Board of animal health may make rules governing payments. Repealed by S.L. 1999, ch. 317, § 28. 36-15-08.1. Animals with brucellosis or …

Repealed by S.L. 2001, ch. 316, § 10.

Any money realized from the sale of the whole or any part of a diseased animal killed under the provisions of this chapter may be paid to the owner of the condemned animal and the amount thereof deducted from the appraised value of such animal.

Repealed by S.L. 2001, ch. 316, § 10.

Repealed by S.L. 1999, ch. 317, § 28. 36-15-13. Testing of cattle in township for bovine tuberculosis and for brucellosis - Petition. Repealed by S.L. 1989, ch. 425, § 32. 36-15-14. Animals not to be permitted to enter state or area circumscribed by board for testing purposes. Th…

Repealed by S.L. 1989, ch. 425, § 32. 36-15-17. Tuberculin and brucellosis testing of entire county may be enforced under certain conditions. Repealed by S.L. 1989, ch. 425, § 32.

Repealed by S.L. 1989, ch. 425, § 32.

Any person who attempts to prevent the board or the commissioner from carrying out this chapter, or who violates any of the provisions of this chapter relating to the testing of animals, is guilty of an infraction.

Repealed by S.L. 1973, ch. 276, § 2.

1. A person may not bring into this state or receive from outside this state any female cattle over the maximum vaccination age prescribed in the brucellosis eradication uniform methods and rules approved by the United States department of agriculture's animal and plant health in…

1. The board may waive the requirement set forth in section 36-15-21 if the person requesting the waiver obtains a form from the state veterinarian and submits the completed form to the board. 2. As a condition of granting the waiver, the board may require disease testing, vaccin…