169C.3 - NOTICE TO LIVESTOCK OWNER.
169C.3 NOTICE TO LIVESTOCK OWNER.
1. a. If livestock trespasses upon a landowner's land or the
landowner takes custody of the livestock, the landowner shall deliver
notice of the trespass or custody to the livestock owner within
forty-eight hours following discovery of the trespass or taking
custody of livestock which has not trespassed. If a local authority
takes custody of the livestock, the local authority shall deliver
notice of the custody to the livestock owner within forty-eight hours
after taking custody of the livestock. The forty-eight-hour period
shall exclude any time that falls on a Sunday or a holiday recognized
by the state or the United States. The notice shall be made in
writing and delivered by certified mail or personal service to the
last known mailing address of the livestock owner.
b. If the aggrieved party does not know the name and address
of the livestock owner, the aggrieved party shall make reasonable
efforts to determine the identity of the livestock owner. The
reasonable efforts shall include obtaining the name and address of
the owner of the brand appearing on the livestock from the department
of agriculture and land stewardship under chapter 169A. If the name
and address of the livestock owner cannot be determined, the
aggrieved party shall publish the notice as soon as possible at least
once each week for two consecutive weeks in a newspaper having
general circulation in the county where the livestock is located.
2. A notice required under this section shall at least provide
all of the following:
a. The name and address of the landowner or local authority.
b. A description of the livestock and where it trespassed or
strayed.
c. An estimate of the amount of the livestock owner's
liability. Section History: Recent Form
97 Acts, ch 57, §3
Referred to in § 169C.4, 169C.5