an owner of the land may:

(a) Inform the appropriate federal authority; and

(b) Request the authority to remove the wild horse or horses from the

land,

in the manner and form required by the Wild Free-Roaming Horses and

Burros Act, 16 U.S.C. §§ 1331 et seq., and the regulations adopted

pursuant thereto.

2. If the appropriate federal authority fails to remove the wild horse

or horses from the land within a reasonable amount of time after

receiving a request pursuant to subsection 1, the landowner may:

(a) Notify the board of county commissioners in the county in which

the land is located of the failure; and

(b) Request the county to institute an action in federal court on his

behalf requesting a writ of mandamus ordering the appropriate federal

authority to remove the wild horse or horses from the land.

3. Upon receiving a notification and request pursuant to subsection

2, the county may institute an action in a federal court of competent

jurisdiction on behalf of the landowner requesting the court to issue a

writ of mandamus directing the appropriate federal authority who was

notified pursuant to subsection 1 to remove the wild horse or horses from

the land. The county shall:

(a) Determine whether it will institute such an action; and

(b) Notify the landowner of its determination,

as soon as practicable after receiving the request.

4. A motion filed pursuant to subsection 3 must include a request

that the court authorize the county, the division of agriculture of the

department of business and industry or a representative of the county or

the division to remove the wild horse or horses from the land if the

appropriate federal authority is unable or unwilling to do so.