Download Zipped Enrolled WP 9 HB0083.ZIP 4,756 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 83 Enrolled






Sponsor: Thomas V. Hatch

                  This act modifies the Agricultural Code to amend the time period within which certain
                  trespassing animals must be claimed prior to the sale of that animal and to provide for the
                  possession, sale, and disposition of impounded livestock by the county.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      4-25-8, as last amended by Chapter 139, Laws of Utah 1988
                      4-25-14, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 4-25-8 is amended to read:
                       4-25-8. Owner liable for trespass of animals -- Exception -- Intervention by county
                      (1) The owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespasses
                  upon the premises of another person, except in cases where the premises are not enclosed by a
                  lawful fence in a county or municipality which has adopted a fence ordinance, is liable in a civil
                  action to the owner or occupant of the premises for any damage inflicted by the trespass.
                      (2) A county representative may intervene to remove the animal and the county is entitled
                  to fair compensation for costs incurred. If the animal is not claimed within [one week] ten days
                  after written notification is sent to its owner, a county representative may sell the animal to cover
                  costs incurred.
                      Section 2. Section 4-25-14 is enacted to read:
                       4-25-14. Impounded livestock -- Determination and location of owner -- Sale --
                  Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
                      (1) As used in this section, "impounded livestock" means cattle, calves, horses, mules,

                  sheep, goats, hogs, or domesticated elk seized and retained in legal custody.
                      (2) (a) Each county may:
                      (i) take physical possession of impounded livestock seized and retained within its
                  boundaries; and
                      (ii) attempt to determine the name and location of the impounded livestock's owner.
                      (b) The department shall assist a county who requests help in locating the name and location
                  of the owner or other person responsible for the impounded livestock.
                      (c) If ownership of the impounded livestock cannot be determined, or, if having determined
                  ownership, neither the county nor the department is able to locate the owner within a reasonable
                  period of time, the impounded livestock, notwithstanding Title 67, Chapter 4a, Unclaimed Property
                  Act, shall be sold at a livestock or other appropriate market, and the proceeds of the sale paid, after
                  the deduction of feed, transportation, and market costs, to the State School Fund created by the Utah
                  Constitution Article X, Section 5, Subsection (1).
                      (3) Notice of the intended sale of the impounded livestock must be published:
                      (a) at least ten days prior to the date of sale; and
                      (b) in a publication with general circulation within the county where the impounded
                  livestock was taken into custody.
                      (4) The purchaser of impounded livestock sold under this section shall receive title to the
                  impounded livestock free and clear of all claims of the owner or any person claiming title through
                  the owner.
                      (5) If the county complies with the provisions of this section, it is immune from liability for
                  the sale of impounded livestock sold at a livestock or other appropriate market.

- 2 -

[Bill Documents][Bills Directory]