CHAPTER 36-13
ESTRAYS
36-13-01. Estrays - Possession. A person may take possession of an estray when it is
on property that the person owns or controls, provided the person does not know who owns the<br>estray. As soon as practicable the person shall examine the estray to determine the presence<br>and identity of any brand, the location of the brand, and any other marks or scars that may<br>identify the estray. The person shall notify the sheriff of the county in which the estray was found<br>or the chief brand inspector. Once notified, the sheriff or the chief brand inspector shall record<br>the date and time of the notification and all information obtained from the person which may be<br>helpful in determining ownership of the estray. The chief brand inspector shall direct a brand<br>inspector to examine the estray for marks and brands.
36-13-02. Estrays - Notification of chief brand inspector. When notified of an estray
possession, a sheriff shall contact the chief brand inspector and provide to the chief brand<br>inspector any identifying or descriptive information regarding the estray.
36-13-03. Sale of unclaimed estray - Records. Repealed by S.L. 2003, ch. 287, § 24.
36-13-03.1. Alternate disposition of estray. A person that finds an estray on property
that the person owns or controls may dispose of the estray by delivering it to a public livestock<br>market licensed by this state, provided the person first makes a reasonable effort to determine<br>ownership of the estray. The person shall inform the brand inspector that the animal being<br>delivered is an estray. The estray and the proceeds of its sale must be disposed of as provided<br>in chapter 36-22.
36-13-04. Claiming estrays. If before the sale of an estray the owner of the estray
presents to the person possessing the estray an affidavit that includes the owner's name, place<br>of residence, a declaration of ownership, and a description of the estray, the person possessing<br>the estray shall release it to the owner on payment of all lawful charges.
36-13-05. Lawful charges.
1.
A person that takes possession of an estray in accordance with this chapter may<br>charge for any actual damage done to the person's crops or property by the estray.
2.
A person that takes possession of an estray in accordance with this chapter may<br>charge for any costs incurred after the person has notified either the sheriff or the<br>chief brand inspector, provided the costs were incurred for the care and feeding of<br>the estray or were incurred in complying with this chapter.
3.
If the person who takes possession of the estray and the owner of the estray cannot<br>agree as to the amount of charges that are payable, each shall choose one person<br>and the two so chosen shall choose a third person. The three persons so chosen<br>shall arbitrate and determine the amount of the charges. A determination under this<br>subsection is final.
36-13-06. Liability for failure to give proper notice.
1.
Any person that takes possession of an estray is liable to the owner of the estray for<br>treble damages if the person fails to:
a.
Examine the estray to determine the presence and identity of any brand, mark,<br>or scar; and
b.
Notify either the sheriff or the chief brand inspector as provided in this chapter.
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2.
A person liable for damages under subsection 1 may not make any claim or charge<br>or seek damages in connection with the estray.
36-13-07.
Liability for death, theft, or escape of estray.
If the person that takes
possession of an estray notifies either the sheriff or the chief brand inspector, as provided in this<br>chapter, the person is not liable if, without fault on the part of the person, the estray dies, is<br>stolen, or escapes and wanders away.
36-13-08. Taking up estray - Compliance with chapter - Penalty. Any person that
takes possession of an estray and willfully fails to comply with this chapter is guilty of a class B<br>misdemeanor.
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Document Outline
chapter 36-13 estrays
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