House Bill 6

AN ACT TO PRESCRIBE CIVIL AND CRIMINAL PENALTIES UPON OWNERS FOR LIVESTOCK THAT TRESPASS ONTO THE PROPERTY OF ANOTHER AND CAUSES PERSONAL INJURY OR PROPERTY DAMAGE ON SAID PROPERTY AS A RESULT OF THE TRESPASS; TO REQUIRE THE LANDOWNER TO ATTEMPT TO CONTACT THE OWNER OF THE TRESPASSING LIVESTOCK WITHIN FORTY-EIGHT HOURS OF THE TRESPASS; TO PERMIT THE LANDOWNER TO CONTAIN THE LIVESTOCK AND RECOUP THE COST OF CONTAINMENT FROM THE OWNER OF THE LIVESTOCK; TO REQUIRE THE SHERIFF TO TAKE POSSESSION OF THE LIVESTOCK IF OWNERSHIP CANNOT BE DETERMINED OR THE LIVESTOCK IS RECOVERED WITHIN TEN DAYS OF NOTIFICATION; TO AUTHORIZE THE SHERIFF TO SELL THE LIVESTOCK AFTER PUBLISHING LEGAL NOTICE AND TO PROVIDE FOR THE DISBURSEMENT OF THE PROCEEDS OF THE SALE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) If livestock enters the property of a landowner without that landowner's consent, the owner of the livestock is liable for damages for personal injury or property damage in a civil action in county or circuit court.

(2) The landowner must attempt to contact the owner of the trespassing livestock within forty-eight (48) hours of the trespass. If the owner cannot be contacted within forty-eight (48) hours, the landowner shall notify the county sheriff.

(3) The landowner may contain the trespassing livestock on his or her property, but is not required to do so. If the landowner is able to contact the owner of the trespassing livestock pursuant to subsection (1) of this section, he or she shall also inform the owner of the costs of containment.

(4) The owner of the trespassing livestock and the landowner shall attempt to mutually agree upon a fair cost for any containment. A fair cost for containment is an amount which would be allowed for the sheriff for containing similar livestock. If the negotiation fails, or if the landowner is not otherwise reimbursed for the costs for containment, the landowner may seek monetary damages in a civil action for these costs.

SECTION 2. (1) If the owner of trespassing livestock cannot be determined, or if the trespassing livestock has not been recovered within ten (10) days of notifying the owner, the county sheriff shall take possession of the trespassing livestock.

(2) The county sheriff may return the livestock to its owner and seek reimbursement for containment costs. If attempts to return the livestock to the owner fails, the sheriff may, after publishing notice as a legal advertisement, sell the livestock to the highest bidder at a public livestock auction.

(3) The proceeds of the livestock sale shall be distributed in the following order:

(a) Costs incident to the sale;

(b) Costs of containment incurred by the sheriff and the landowner;

(d) If the owner is unknown or does not claim the amount remaining within ninety (90) days, that amount shall be deposited into the county treasury.

SECTION 3. (1) While livestock may escape enclosures due to accident or unforeseen circumstances, it is unlawful for the owner of livestock to negligently permit livestock to run at large and trespass on the property of other landowners.

(2) (a) If livestock injures a person or destroys the property of another person while negligently trespassing, the owner of the livestock shall be given an oral or written warning for the first offense in addition to being held civilly liable for damages for personal injury or property damage.

(b) For a second offense within six (6) months of the first, the owner is both civilly liable and guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not less than ten (10) days nor more than thirty (30) days, or both, in the discretion of the court.

(c) For a third or subsequent offense within six (6) months of the second or subsequent offense, the owner is both civilly liable and guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one hundred (100) days, or both, in the discretion of the court.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018.