169C.5 - SATISFACTION FOR DAMAGES.
169C.5 SATISFACTION FOR DAMAGES.
1. a. After receiving notice by an aggrieved party as
required by section 169C.3, the livestock owner shall pay all damages
to the aggrieved party for which the livestock owner is liable.
b. The aggrieved party or the livestock owner may bring a
civil action in order to determine the livestock owner's liability
and the amount of any claim for damages. The aggrieved party or
livestock owner must bring the action within thirty days following
receipt or publication of the notice as required by section 169C.3.
The court may join all other claims arising out of the same facts
that are alleged in the claim for damages. The civil action may be
heard by a district judge or a district associate judge. The civil
action may be heard by the district court sitting in small claims as
provided in chapter 631.
c. If the livestock is in the custody of an aggrieved party
or livestock care provider, a rebuttable presumption arises that the
livestock has trespassed or strayed from the control of the livestock
owner. The rebuttable presumption shall not apply if a criminal
charge has been filed involving the removal or transfer of the
livestock. The burden of proof regarding all other matters of
dispute shall be on the aggrieved party.
d. The failure of an aggrieved party to provide notice as
required by section 169C.3 shall not bar the aggrieved party from
being awarded a judgment, if the court determines that the livestock
owner had actual knowledge that the livestock had trespassed or
strayed and the name and address of the aggrieved party.
2. If a civil action is brought by the livestock owner or
aggrieved party, the matter shall be heard by a court on an expedited
basis. The aggrieved party shall provide for the transfer of the
livestock to the livestock owner, if the livestock owner posts a bond
or other security with the court in the amount of the aggrieved
party's claim. If a bond or security is not posted, the aggrieved
party or livestock care provider shall keep custody of and provide
maintenance to the livestock. However, the livestock owner shall
post the bond or other security if the matter is set for hearing more
than thirty days from the date that the petition bringing the civil
action is filed. The court shall order the immediate disposition of
the livestock as provided in chapter 717, if the livestock is
permanently distressed by disease or injury to a degree that would
result in severe or prolonged suffering.
3. If a civil action is not timely brought as provided in this
section, title to the livestock shall transfer to the aggrieved party
thirty days following receipt of the notice by the livestock owner or
the first date of the notice's publication as required pursuant to
section 169C.3, if the parties fail to agree to the amount, terms, or
conditions of payment or if the identity of the livestock owner
cannot be determined. Title to the livestock shall transfer subject
to any applicable security interests or liens.
4. A landowner is liable to the livestock owner for twice the
fair market value of livestock that the landowner transfers to a
person other than a local authority in violation of section 169C.2.
5. If the aggrieved party is a local authority, the local
authority shall reimburse the landowner for the landowner's damages
from proceeds received from the sale of the livestock, after
satisfying any superior security interests or liens. Section History: Recent Form
97 Acts, ch 57, §5