4-25-8 - Owner liable for trespass of animals -- Exception -- Intervention by county representative. - Utah Statutes

4-25-8. Owner liable for trespass of animals -- Exception -- Intervention by countyrepresentative.
(1) The owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespassesupon the premises of another person, except in cases where the premises are not enclosed by alawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civilaction 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 isentitled to fair compensation for costs incurred. If the animal is not claimed within 10 days afterwritten notification is sent to its owner, a county representative may sell the animal to cover costsincurred.
(3) Notwithstanding Subsections (1) and (2), the owner of any neat cattle, horse, ass,mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in acivil action to the owner or occupant of the premises for damage inflicted by the trespass if:
(a) the animal enters the premises from an historic livestock trail, as defined in Section57-13b-102; and
(b) the premises that was trespassed is not enclosed by an adequate fence at the time thetrespass occurs.

Amended by Chapter 118, 2005 General Session