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REFERENCE TITLE: property damage by livestock |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2127 |
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Introduced by Representative Patterson
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AN ACT
Amending sections 3-1298, 3-1427 and 3-1428, Arizona Revised Statutes; relating to trespassing livestock.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-1298, Arizona Revised Statutes, is amended to read:
3-1298. Herding cattle, sheep or goats on land or water of another without consent; violation; classification
A. A person owning or having charge of cattle, sheep or goats who knowingly herds or permits them to be herded on lands lawfully owned or possessed by another without the express consent of the other person, or recklessly allows the cattle, sheep or goats to camp at any water developed and owned or leased by another without the express consent of the owner or lessee of the water, is guilty of a class 2 misdemeanor.
B. The term "lawfully owned or possessed" applies to all land owned in fee or held under lease, contract of purchase, pre‑emption preemption, homestead or other law of the United States or the this state.
C. The instrument evidencing the possessory right to lands held other than by virtue of the laws of the United States or of the this state shall be recorded in the office of the county recorder of the county in which the land is located before complaint may be made.
Sec. 2. Section 3-1427, Arizona Revised Statutes, is amended to read:
3-1427. Recovery for damage to unfenced lands
An owner or occupant of land is not entitled to recover for damage resulting from the trespass of animals unless regardless of whether the land is enclosed within a lawful fence, but this section shall not apply to owners or occupants of land in no‑fence districts.
Sec. 3. Section 3-1428, Arizona Revised Statutes, is amended to read:
3-1428. Action to recover for damage done by livestock that break through fence; venue; lien of judgment
A. The owner or occupant of land enclosed by a lawful fence upon which damage of less than two hundred dollars has been done by livestock which that has broken through the fence may bring an action to recover damages before a justice of the peace of the precinct in which the land is located, regardless of the place of residence of the owner of the livestock or the person having charge of the livestock at the time of trespass. If the amount of damage is two hundred dollars or more, the action may be brought in the superior court in the county where the land is located, regardless of the place of residence of the owner of the livestock or of the person having charge of the livestock at the time of the trespass.
B. If the plaintiff has possession of the livestock causing the damage complained of, and recovers judgment, the court shall, in addition to the personal judgment, the court shall impress a lien on the livestock for the amount of the judgment, and order a sale thereof the livestock to be sold to discharge the lien.