North Dakota Code 4.1-75-02 – Estrays – Possession
1. If an individual discovers an estray on property that the individual owns or controls, the individual shall make a good-faith effort to:
Terms Used In North Dakota Code 4.1-75-02
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Take possession of the estray; b. Determine its ownership; and c. Facilitate its return.
2. If the individual is unable to determine its ownership, the individual shall:
a. Notify the sheriff of the county in which the estray was found or the chief brand inspector, and:
(1) Provide to the sheriff or the chief brand inspector any information that may assist in determining ownership of the estray; (2) Make the estray available for examination if requested by the chief brand inspector; and
(3) Follow the directives of the chief brand inspector regarding the estray’s care and disposal; or
b. Deliver the estray to a livestock auction market in this state or to an out-of-state livestock auction market that receives brand inspection services under section 4.1-73-24 and notify the brand inspector that it appears to be an estray.
3. Any person failing to comply with this section is liable to the owner of the estray for treble damages and may not claim reimbursement for any expenses otherwise allowed under this chapter.