Senate Bill No. 532–Committee on Natural Resources

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions governing fencing of certain land that is used to graze or herd livestock. (BDR 50‑1168)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to livestock; requiring an owner or manager of livestock to enclose certain private land with a legal fence under certain circumstances; providing that such an owner or manager of livestock is liable for double damages for a trespass under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 569 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    If an owner or manager of livestock grazes or herds any livestock

1-4  owned or managed by him on private land that is located outside of a city

1-5  or town, and if, at the time the livestock are grazed or herded on the

1-6  private land, the owner or manager of the livestock is not the holder of a

1-7  license, lease or permit to graze or herd the livestock on any public land

1-8  adjoining the private land, the owner or manager shall:

1-9    1.  Before grazing or herding the livestock on the private land,

1-10  enclose the private land with a legal fence; and

1-11    2.  Ensure that the livestock remain within the area enclosed by the

1-12  legal fence during any period in which the livestock are grazed or herded

1-13  on the private land.

1-14    Sec. 2.  NRS 569.431 is hereby amended to read as follows:

1-15    569.431  As used in NRS [569.440] 569.431 to 569.471, inclusive, and

1-16  section 1 of this act, “legal fence” means a fence with not less than four

1-17  horizontal barriers, consisting of wires, boards, poles or other fence

1-18  material in common use in the neighborhood, with posts set not more than

1-19  20 feet apart. The lower barrier must be not more than 12 inches from the

1-20  ground and the space between any two barriers must be not more than 12

1-21  inches and the height of the top barrier must be at least 48 inches above the

2-1  ground. [Every] Each post must be so set as to withstand a horizontal

2-2  strain of 250 pounds at a point 4 feet from the ground, and each barrier

2-3  must be capable of withstanding a horizontal strain of 250 pounds at any

2-4  point midway between the posts.

2-5    Sec. 3.  NRS 569.440 is hereby amended to read as follows:

2-6    569.440  1.  Except as otherwise provided in NRS 569.461 and

2-7  569.471:

2-8    (a) If any livestock break into any grounds enclosed by a legal fence,

2-9  the owner or manager of the livestock is liable to the owner of the enclosed

2-10  premises for all damages sustained by the trespass. If the trespass is

2-11  repeated by neglect of the owner or manager of the livestock, or if the

2-12  trespass is repeated because the owner or manager of the livestock, if he

2-13  was required to comply with section 1 of this act concerning the livestock

2-14  at the time of the trespass, failed to enclose the livestock in accordance

2-15  with that section, he is for the second and [every] each subsequent offense

2-16  or trespass, liable for double the damages of the trespass to the owner of

2-17  the premises.

2-18    (b) If any owner or occupier of any grounds or crops trespassed upon by

2-19  livestock entering upon or breaking into his grounds, whether enclosed by

2-20  a legal fence or not, kills, maims or materially injures the livestock so

2-21  trespassing, he is liable to the owner of the livestock for all damages, and

2-22  for the costs accruing from a suit for [such damages, when] those damages,

2-23  if necessarily resorted to for their recovery.

2-24    (c) The owner or occupier of grounds or crops so damaged and

2-25  trespassed upon may take up and safely keep, at the expense of the owner

2-26  [or owners] thereof, after due notice to the [owners,] owner, if known, the

2-27  livestock, or so many of them as may be necessary to cover the damages he

2-28  may have sustained, for 10 days, and if not applied for by the [proper

2-29  owner or owners] owner of the livestock before the expiration of 10 days,

2-30  the livestock may be posted under the estray laws of [the] this state, and

2-31  before restitution may be had by the owner [or owners] of the livestock, all

2-32  damages done by them, [as well also as] including, without limitation, the

2-33  expense of posting and keeping them, must be paid. Any justice of the

2-34  peace in the township has jurisdiction of all such reclamation of livestock,

2-35  together with the damages, and the expense of keeping and posting the

2-36  [same, when] livestock, if the amount claimed does not exceed $2,500.

2-37    2.  [When] If two or more persons cultivate lands under one enclosure,

2-38  neither of them may place or cause to be placed any livestock on his

2-39  ground, to the injury or damage of the other [or others,] person, but is

2-40  liable for all damages thus sustained by the other [or others.] person. If

2-41  repeated, after due notice is given, and for [every] each subsequent

2-42  repetition, double damages are recoverable in any court having jurisdiction.

2-43    Sec. 4.  NRS 569.450 is hereby amended to read as follows:

2-44    569.450  [No]

2-45    1.  Except as otherwise provided in subsection 2, a person is not

2-46  entitled to collect damages, and [no] a court in this state [may] must not

2-47  award damages, for any trespass of livestock on cultivated land in this state

2-48  if the land, at the time of the trespass , was not enclosed by a legal fence.

3-1    2.  If an owner or manager of livestock is required to enclose any

3-2  livestock he owns or manages by a legal fence pursuant to section 1 of

3-3  this act, and as a result of the failure of the owner or manager of the

3-4  livestock to enclose the livestock in accordance with that section, the

3-5  livestock trespass on cultivated land in this state that, at the time of the

3-6  trespass, was not enclosed by a legal fence, the owner of the cultivated

3-7  land is entitled to collect damages from the owner or manager of the

3-8  livestock for that trespass.

 

3-9  H