Found Livestock

[Dirt Farmer]

Hypothetically of course, what does one do if three horses showed up on your property? They have no brands. I've searched Oklahoma statues and haven't found the answer yet. The sheriff's office nor the highway patrol has been of any help. Thanks in advance for any replies.

 

[puzzled in oregon]

Where I am, we have had to deal with 10-15 head of stray cattle coming on to our place periodically , we get no help from law enforcement or the state office that is supposed to address and help locate the owner. We are of course required to be sure they have access to food and water, at our expense. At one time there were brands and or earmarks. But after 50-60 years of this, there are very few if any brands or earmarks. We assume they are offspring/descendants of one ranchers cows/bulls, so of course that rancher benefits hugely. It also results in a lot of uncut animals. My cousin hasn't owned a bulls for quite some time, but gets calves every year.

Years ago strays of any species could be taken to the local sale barn where the state brand inspector would locate the owner and the sale barn would collect the cost of care. But not no more that is considered bad. I believe there are restrictions here on how far you can legally transport someone's cattle, don't know about horses but would guess similar rules, and the closest sale barn is way outside that range.

You might try calling a horse rescue, but most want a donation.

 

[MurraysMutts]

Just give em their eviction notice and open the gate for them..
Plenty of wild horses around

 

[Dirt Farmer]

Just give em their eviction notice and open the gate for them..
Plenty of wild horses around

I figure if they jumped the cattle guard to get in, they can jump it to get out. Sounds like this problem might solve itself.

 

[sim.-ang.king]

Did you search for OK maverick livestock laws?

 

[TCRanch]

I'm assuming you've already contacted your neighbors. Are you on Facebook? There are a lot of lost/found & community pages. Call your vet and local sale barn. They can probably provide the most information. Just because they aren't branded doesn't mean they don't belong to someone.

 

[SBMF 2015]

Google found livestock in your state. In Illinois you have to post written notice (in the news paper) for X amount of days. If no one claims them then you can sell them.

4 Okla. Stat. §§ 132-135 provide a process for when livestock are distrained. While the procedure is somewhat complicated, the end result is this: if a livestock owner fails to keep his animals fenced in and the straying animals venture onto your property and do damage to your crops, grass, hay etc., you may pen up the livestock. You must then follow notify the owner and try to work out payment for the damage. If that does not relieve the situation, you must notify the sheriff who is required to act as an arbiter of the dispute. If the owner does not pay the amount of damages determined by the sheriff, the sheriff can sell the livestock. During the process, the distrainer has a possessory lien on the livestock and may maintain possession of the animals, but must provide adequate care. The distrainer should be entitled to reimbursement for the cost of boarding the livestock. Finally, if straying livestock have caused damage, but the animals were not able to be distrained, you may also file suit against the livestock owner and recover damages (remember: strict liability if the damages are to agriculture land). You should also be able to recover attorney fees under 12 Okla. Stat. § 940, which provides for the recovery of attorney fees in cases involving the negligent or willful damage to property.

 

[Dirt Farmer]

Thanks for all the replies. The horses are pretty poor and wild. I don't think they're worth much and may have been purposely abandoned. We spoke with the one neighbor that has horses

The closest thing to a pertinent law I have found says it's up to the sheriff to sell the horses and make the landowner whole if the horses are in the sheriff's possession. I haven't found anything about what the law is if a landowner has unclaimed horses on their property. I'll call the Oklahoma Cattle Association and possibly an attorney Monday if the sheriff still refuses to get involved. I may or may not post a found notice in the local paper for two weeks.

I'll be sure to update this thread for future reference if I find any definite answers.

 

[damengineer]

Thanks for all the replies. The horses are pretty poor and wild. I don't think they're worth much and may have been purposely abandoned. We spoke with the one neighbor that has horses

The closest thing to a pertinent law I have found says it's up to the sheriff to sell the horses and make the landowner whole if the horses are in the sheriff's possession. I haven't found anything about what the law is if a landowner has unclaimed horses on their property. I'll call the Oklahoma Cattle Association and possibly an attorney Monday if the sheriff still refuses to get involved. I may or may not post a found notice in the local paper for two weeks.

I'll be sure to update this thread for future reference if I find any definite answers.

What county are you in? I'm in NE canadian Co.

 

[Dirt Farmer]

What county are you in? I'm in NE canadian Co.

I'm in Custer County. I have family pretty close to you.

 

[Dirt Farmer]

I found the owners. I don't have any answers about the laws but the situation ended in the best possible way.