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Introduced Version House Bill 2037 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

House Bill 2037

By Delegate Pethtel

(By Request)

[Introduced February 10, 2021; Referred to the Committee on Agriculture and Natural Resources then the Judiciary]

A BILL to amend and reenact §19-18-1 of the Code of West Virginia, 1931, as amended, relating to providing protections, under certain circumstances, to owners of livestock and other domestic animals when retrieving the animals after they have trespassed on the property of another.

Be it enacted by the Legislature of West Virginia:


ARTICLE 18. GENERAL STOCK LAW.


§19-18-1. Livestock trespassing on property of another; damages for injuries to person or property; notice to livestock owner; containment of livestock; costs for containment; retrieval of livestock by owner.

(a) If livestock or other domestic animal enters the property of a landowner without that landowner’s consent, the owner of the livestock or other domestic animal is liable for damages for personal injury or property damage in a civil action in magistrate or circuit court.

(b) The landowner must shall attempt to contact the owner of the trespassing livestock or other domestic animal within 48 hours of the trespass. If the owner cannot be contacted within 48 hours, the landowner shall notify the county sheriff.

(c) The landowner may contain the trespassing livestock or other domestic animal 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 or other domestic animal pursuant to subsection (a) of this section, he or she shall also inform the owner of the costs of containment.

(d) The owner of the trespassing livestock or other domestic animal 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 or other domestic animal. 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.

(e) The owner of the trespassing livestock or other domestic animal may recover the trespassing livestock or other domestic animal without being guilty of trespassing if:

(1) The owner makes a reasonable attempt to notify the landowner of the presence of the trespassing livestock or other domestic animal;

(2) The owner goes onto the property on foot, unless the landowner gives permission to use a motor vehicle or a horse;

(3) The owner and all persons assisting the owner recover the trespassing livestock or other domestic animal are unarmed;

(4) No damage is done to the landowner’s property:

(5) No game is taken unless given permission to do so is given in writing by the land owner; and

(6) Before entering the property there is no immediate and apparent damage done to the landowner’s property.

(f) For purposes of this section the term “livestock” includes every domestic animal for which personal property tax is required to be paid.

(g) The landowner is free of all liability and responsibility resulting from the owner’s actions, and others assisting the owner, in recovering the trespassing livestock or other domestic animal.

(h) A landowner may be found guilty of animal cruelty if:

(1) The landowner maliciously harbors another person’s trespassing livestock or other domestic animal that has identification tags, markings or collars indicating who owns the livestock or other domestic animal; or

(2) The landowner maliciously shoots or harms the animals for no apparent justifiable reason.

 

NOTE: The purpose of this bill is to provide protections to owners of livestock and other domestic animals when the animals trespass on property of another.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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