54-403. Trespassing animals; distraint; notice.
When any such stock is found upon the lands of another, it is lawful for the owner or person in possession of such lands to impound such stock. If the owner of the stock can be found, and is known to the distrainor, it is the duty of the distrainor to notify the owner by leaving a written notice at his or her usual place of residence with some member of the family over the age of fourteen or, in the absence of such person, by posting on the door of such residence a copy of the notice of the distraint of the stock, describing it, and stating the amount of damages claimed and the name of the arbitrator. The notice shall also require the owner within forty-eight hours after receiving such notice to take the stock away, after making full payment of all damages and costs to the satisfaction of the distrainor of trespassing animals. The notice may be in the following form:
You are hereby notified that on this ............... day of .............. 20...., your stock, of which I now have in my possession ............... (here describe the animal or animals) did trespass upon my land, and damage it to the amount of ............... . You are required to pay the above charges within forty-eight hours from the delivery of this notice or the stock will be sold as provided by law. I have appointed ............... to act as arbitrator should you not feel satisfied with the amount of damages claimed in the within notice.
No claim for damages shall be maintained by the distrainor without the notice contemplated in this section having been given when the owner is known by the distrainor of such stock.
Source
Annotations
1. Constitutionality
2. Notice
3. Award
4. Miscellaneous
1. Constitutionality
The herd law provides a reasonable method of procedure in the nature of an action in rem against trespassing stock and is constitutional. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
2. Notice
Mortgagee is not bound unless notified. Goff v. Byers Bros. & Co., 70 Neb. 1, 96 N.W. 1037 (1903).
Lienholder must comply with statute, and reasonableness of notice is a question of fact. Sloan v. Bain, 47 Neb. 914, 66 N.W. 1013 (1896).
Owner has forty-eight hours after receipt of notice in which to pay damages and take stock away, and no greater damages than amount specified in notice can be claimed. Allen v. Van Ostrand, 19 Neb. 578, 27 N.W. 642 (1886).
Notice and substantial compliance with statute necessary for right to enforce lien. Bucher v. Wagoner, 13 Neb. 424, 14 N.W. 160 (1882).
Notice must be given within reasonable time as determined by circumstances. Haggard v. Wallen, 6 Neb. 271 (1877).
Notice and demand must conform to statute. McAllister v. Wrede, 5 Neb. Unof. 82, 97 N.W. 318 (1903).
3. Award
Arbitrators' award is not a bar to action for negligence. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).
4. Miscellaneous
Act is superior to city ordinances. Lingonner v. Ambler, 44 Neb. 316, 62 N.W. 486 (1895).
Taker-up must comply substantially with requirements of statute or he will acquire no lien. Hanscom v. Burmood, 35 Neb. 504, 53 N.W. 371 (1892).
If person taking up stock does not comply with statute by refusing to select arbitrator, he acquires no lien and loses right to possession. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).
Owner may replevin upon tender of damages. Shroaf v. Allen, 12 Neb. 109, 10 N.W. 551 (1881).
Owner must tender full amount. McAllister v. Wrede, 5 Neb. Unof. 82, 97 N.W. 318 (1903).
Structure Nebraska Revised Statutes
54-157 - Transferred to section 54-1522.
54-158 - Transferred to section 54-1523.
54-171 - Definitions; where found.
54-171.01 - Approved nonvisual identifier, defined.
54-172 - Bill of sale, defined.
54-173 - Brand clearance, defined.
54-174 - Brand inspection agency, defined.
54-175 - Brand inspection area, defined.
54-175.01 - Brand inspection service area, defined.
54-176 - Brand inspector, defined.
54-179 - Certificate of inspection, defined.
54-179.01 - Certified bill of sale, defined.
54-179.02 - Certified transportation permit, defined.
54-179.03 - Electronic inspection, defined.
54-179.04 - Enrollment, defined.
54-181 - Freeze brand, defined.
54-182 - Investigator, defined.
54-185 - Market agency, defined.
54-186 - Open market, defined.
54-186.01 - Out-of-state brand permit, defined.
54-187.01 - Physical inspection, defined.
54-187.02 - Qualified dairy, defined.
54-188 - Registered feedlot, defined.
54-189 - Satisfactory evidence of ownership, defined.
54-193 - Nebraska Brand Committee; brand publication.
54-194 - Documents; signature and seal requirements.
54-195 - Assessments and promotional materials.
54-196 - Rules and regulations.
54-197 - Nebraska Brand Inspection and Theft Prevention Fund; created; use; investment.
54-198 - Recorded livestock brand; requirements; in-herd identification; prohibited act.
54-199 - Livestock brand; application; fees; requirements; issuance.
54-1,101 - Recorded brand; owner; copies of record.
54-1,102 - Recorded brand; use; expiration date; renewal fee; expired brand; reinstated.
54-1,103 - Reserved brands; use.
54-1,104 - Brand assigned to committee.
54-1,105 - Brands; distinction requirements.
54-1,106 - Grazing livestock; requirements.
54-1,107 - Recorded brand; evidentiary effect.
54-1,109 - Brand inspection area; designation.
54-1,110 - Brand inspection area; brand inspection requirements; violation; penalty.
54-1,111 - Brand inspection area; sale or trade of cattle; requirements; violation; penalty.
54-1,112 - Brand inspection area; slaughter and hide records; violation; penalty.
54-1,113 - Sale, trade, use, or consumption of beef or veal; requirements; violation; penalty.
54-1,114 - Slaughter of cattle; brand inspection requirements; violation; penalty.
54-1,115 - Livestock transportation authority form; requirements; violation; penalty.
54-1,116 - Satisfactory evidence of ownership; violation; penalty.
54-1,117 - Brand inspection area; intermingling of livestock; effect.
54-1,118 - Livestock; questions of ownership; procedure.
54-1,119 - Open market; designation; brand inspection requirements.
54-1,120 - Registered feedlot; application; requirements; fees; inspections; records.
54-1,121 - Registered feedlot; cattle shipment; requirements.
54-1,122 - Registered feedlot; cattle received; requirements.
54-1,123 - Prohibited sale; violation; penalty.
54-1,124 - Prohibited brand; violation; penalty.
54-1,124.01 - Acts prohibited; penalty.
54-1,125 - False documents; violation; penalty.
54-1,127 - Violations; arresting peace officer; powers.
54-1,129 - Livestock auction market or packing plant; brand inspection; election to provide.
54-1,130 - Livestock auction market or packing plant; election; how made.
54-201.01 - Legislative intent.
54-202 - Transferred to section 52-1501.
54-203 - Transferred to section 52-1502.
54-204 - Transferred to section 52-1503.
54-205 - Transferred to section 52-1504.
54-206 - Transferred to section 52-1505.
54-207 - Transferred to section 52-1506.
54-209 - Lien satisfied; financing statement; termination.
54-301 - Herd laws; stock grower, cattle drover, defined.
54-302 - Driving off another's livestock; penalty.
54-303 - Herd laws; actions; proof of ownership.
54-304 - Male animal running at large; liability of owner.
54-305 - Cattle drover; duty to prevent trespassing animals.
54-306 - Cattle drover; trespassing; penalty; liability for damages.
54-307 - Cattle drover; driving off another's livestock; liability.
54-308 - Cattle drover; mixing of cattle; duty to separate; penalty.
54-309 - Cattle or sheep; hides; removal by other than owner; prohibited; exception.
54-310 - Herd laws; violations; rewards; authorized.
54-311 - Wells and pitfalls; prohibited acts.
54-315 - Wells and pitfalls; violation; penalty.
54-401 - Estrays, trespassing animals; damages; liability.
54-402 - Trespassing animals; damages; lien.
54-403 - Trespassing animals; distraint; notice.
54-404 - Trespassing animals; distraint; damages; owner's failure to pay; sale.
54-405 - Distraint; arbitrators; number; powers.
54-406 - Distraint; arbitration award; enforcement; appeal.
54-407 - Estrays; owner unknown; procedure.
54-415 - Estrays; report; sale; procedure; disposition of proceeds; violations; penalty.
54-416 - Feral swine; applicability of sections; destruction; when.
54-503 - Program; participation; incentives.
54-504 - Applicant; eligibility; preference.
54-505 - Distribution of program funds.
54-506 - Release from program; when; recovery of payments.
54-507 - Food Supply Animal Veterinary Incentive Fund; created; use; investment.
54-508 - Rules and regulations.
54-601 - Dogs; personal property; owner liable for damages; exceptions.
54-602 - Dogs owned by different persons; joint liability.
54-604 - Dogs; killing; when permitted.
54-605 - Dogs; collar required.
54-606 - Dogs; collarless; who deemed owner.
54-607 - Dogs; running at large; penalty.
54-613 - Violations; penalties.
54-614 - County; license tax; regulate dogs running at large; appeal process.
54-615 - County; impound dog; cost and penalties.
54-616 - County; pounds; erection; keepers; compensation; rules and regulations.
54-617 - Dangerous dogs; terms, defined.
54-619 - Dangerous dogs; confinement required; warning signs.
54-620 - Dangerous dogs; confiscation; when; costs.
54-621 - Dangerous dogs; disposal by court order.
54-622 - Dangerous dogs; violation; penalty.
54-622.01 - Dangerous dogs; serious bodily injury; penalty; defense.
54-623 - Dangerous dogs; violation; conviction; effect.
54-623.01 - County; designate animal control authority.
54-624 - Dangerous dogs; local laws or ordinances.
54-627 - License requirements; fees; premises available for inspection.
54-628 - Inspection program; department; powers; reinspection fee; prohibited acts; penalty.
54-628.02 - Violation of act, rule or regulation, or order of director; proceedings authorized.
54-629 - Rules and regulations.
54-630 - Application; denial; grounds; appeal.
54-631 - Licensee; duties; disciplinary actions.
54-632 - Notice or order; service requirements; hearing; appeal.
54-633 - Enforcement powers; administrative fine.
54-633.01 - Special investigator; powers; referral to another law enforcement officer.
54-635 - Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use; investment.
54-636 - Department; enforcement powers.
54-637 - Information on spaying and neutering; requirements.
54-638 - Provision for spaying or neutering; when.
54-639 - Adopter or purchaser; agreement; requirements.
54-640 - Commercial dog or cat breeder; duties.
54-641 - Licensees; primary enclosures; requirements.
54-641.01 - Commercial dog breeder; dogs; opportunity for exercise.
54-641.02 - Commercial dog breeder; veterinary care; review of health records; duties of breeder.
54-641.03 - Breeding dog; microchip; identification.
54-642 - Department; submit report of costs and revenue.
54-643 - Administrative fines; disposition; lien; collection.
54-647 - Recourse to remedies; purchaser; duties; notice to seller; remedies.
54-648 - Denial of refund, reimbursement of fees, or replacement; conditions.
54-649 - Purchaser; file action; seller's rights; limit of recovery.
54-650 - Other rights and remedies not limited; act; how construed.
54-706.12 - Bovine Tuberculosis Cash Fund; created; use; investment; termination.
54-723 - Transferred to section 54-1412.
54-724 - Transferred to section 54-1413.
54-725 - Transferred to section 28-1304.01.
54-753.05 - Importation of livestock; embargo; violation; penalty.
54-753.06 - Transferred to section 54-7,109.
54-778 - Anthrax Control Act Cash Fund; created; use; investment; termination.
54-797 - Livestock certification program; department; duties; registry.
54-798 - Livestock certification program; application; costs.
54-799 - Livestock certification program; livestock producer; powers.
54-7,100 - Livestock certification program; removal from registry; procedure.
54-7,101 - Livestock certification program; department; immunity.
54-7,102 - Livestock certification program; information; disclosure; when.
54-7,103 - Livestock certification program; department; powers.
54-7,105 - Act, how cited; purpose.
54-7,106 - Permit; notification requirements; application; denial; grounds; prohibited acts.
54-7,107 - Records; contents; access by department.
54-7,109 - Compliance with game laws required.
54-852 - Commercial feed; label requirements; customer-formula feed; requirements.
54-853 - Misbranded commercial feed, defined.
54-854 - Adulterated commercial feed, defined.
54-856 - Inspection fees; administrative fee; statement and records required.
54-857 - Commercial Feed Administration Cash Fund; created; use; investment.
54-858 - Director; adopt rules and regulations; notice to current licensees.
54-859 - Enforcement of act; inspections; testing; methods of analysis; results; distribution.
54-860 - Violations; order of director or court; seizure of feed.
54-862 - Director; cooperate with other entities.
54-863 - Annual report; contents.
54-903 - Abandonment or cruel neglect; mistreatment; prohibited acts; violation; penalty.
54-904 - Indecency with a livestock animal; penalty.
54-905 - Court order for reimbursement of expenses; liability for expenses; lien.
54-911 - Prohibited acts relating to equine; violation; penalty.
54-912 - Prohibited acts relating to bovine; violation; penalty.
54-1157 - Declaration of policy.
54-1159 - Exemptions from act.
54-1160.01 - Brand inspection.
54-1161 - License required; application for license; contents.
54-1163 - Hearing; determination; factors; issuance of license.
54-1165 - License fee; payments; disposition.
54-1166 - Livestock auction markets; license personal to holder; transfer; posting; termination.
54-1168 - Records required; available for inspection.
54-1170 - Director; audio recording; appeal; procedure.
54-1171 - Violations; penalties; injunction.
54-1172 - Livestock Auction Market Fund; creation; use; investment.
54-1173 - Livestock Auction Market Fund; license and permit fees; occupation tax; use.
54-1178 - Maintenance in sanitary condition; rules and regulations.
54-1180 - Inspection of livestock; duties; fees; use; disposition; notice of change.
54-1181 - Veterinarians; agreement for services; contents; compensation; liability.
54-1181.01 - Violations; penalty.
54-1182 - Livestock sold; treatment by veterinarians; release; documentation; rules and regulations.
54-1183 - Transferred to section 54-1,129.
54-1184 - Transferred to section 54-1,130.
54-1185 - Transferred to section 54-1,131.
54-1186 - Transferred to section 54-1156.
54-1371 - Brucellosis Control Cash Fund; created; use; investment; termination date.
54-1412 - Transferred to section 54-724.01.
54-1413 - Transferred to section 54-724.02.
54-1602 - SPF Accredited; advertisement; subject to sections.
54-1603 - University of Nebraska Institute of Agriculture and Natural Resources; accreditation.
54-1605 - Violations; penalty.
54-1704 - Livestock dealer; license; application; bond; form; renewal; fee; disposition.
54-1705 - State Veterinarian; powers.
54-1706 - Violations; order to appear; notice; hearing; appeal.
54-1707 - Hearings; procedure; order; appeal.
54-1708 - State Veterinarian; rules and regulations; adopt; inspections; fees.
54-1709 - Licensed dealer; records; contents; access.
54-1711 - Violations; penalty.
54-1803 - Purchasing slaughter livestock; unlawful acts.
54-1804 - Slaughter livestock; purchaser; requirements.
54-1806 - Director of Agriculture; reciprocal agreements; basis.
54-1807 - Purchasers of slaughter livestock; records; contents.
54-1808 - Violations; penalty.
54-1809 - Purchase of slaughter livestock; unlawful acts.
54-1810 - Purchase of slaughter livestock; effect of section.
54-1811 - Purchase of slaughter livestock; violations; penalties.
54-1903 - Intent of Nebraska Meat and Poultry Inspection Law.
54-1904 - License; application; inspection; renewal; fee; suspension; when.
54-1905 - Hearings; how conducted; order; appeal.
54-1906 - Director of Agriculture; rules and regulations; adopt; requirements.
54-1907 - Records; contents; access.
54-1908 - Director of Agriculture; powers.
54-1910 - Inspection of products; when completed.
54-1911 - Exempted product; adulterated or misbranded; seized by inspector; when.
54-1912 - Product found adulterated or misbranded; seizure; destruction; procedure.
54-1913 - Officer, inspector, employee of state; bribes, acceptances; interference; penalty.
54-1914 - Director of Agriculture; violations; investigations; powers; subpoenas.
54-1915 - Director of Agriculture; cooperate with United States Department of Agriculture.
54-1915.01 - Acquisition of meat from livestock by an informed end consumer; allowed; conditions.
54-2201 - Transferred to section 54-2235.
54-2202 - Transferred to section 54-2237.
54-2203 - Transferred to section 54-2259.
54-2205 - Transferred to section 54-2252.
54-2206 - Transferred to section 54-2247.
54-2208 - Transferred to section 54-2254.
54-2208.01 - Transferred to section 54-2242.
54-2208.02 - Transferred to section 54-2244.
54-2208.03 - Transferred to section 54-2245.
54-2208.06 - Transferred to section 54-2264.
54-2209 - Transferred to section 54-2246.
54-2210 - Transferred to section 54-2256.
54-2212 - Transferred to section 54-2262.
54-2213 - Transferred to section 54-2253.
54-2214 - Transferred to section 54-2255.
54-2215 - Transferred to section 54-2265.
54-2216 - Transferred to section 54-2248.
54-2217 - Transferred to section 54-2251.
54-2218 - Transferred to section 54-2250.
54-2218.01 - Transferred to section 54-2239.
54-2219 - Transferred to section 54-2243.
54-2220 - Transferred to section 54-2249.
54-2220.02 - Transferred to section 54-2257.
54-2220.03 - Transferred to section 54-2258.
54-2221 - Transferred to section 54-2270.
54-2221.04 - Transferred to section 54-2277.
54-2221.05 - Transferred to section 54-2278.
54-2221.07 - Transferred to section 54-2280.
54-2221.09 - Transferred to section 54-2281.
54-2221.10 - Transferred to section 54-2282.
54-2221.11 - Transferred to section 54-2283.
54-2221.12 - Transferred to section 54-2284.
54-2221.13 - Transferred to section 54-2285.
54-2221.14 - Transferred to section 54-2286.
54-2222 - Transferred to section 54-2287.
54-2223 - Transferred to section 54-2288.
54-2223.01 - Transferred to section 54-2236.
54-2223.03 - Transferred to section 54-2271.
54-2224 - Transferred to section 54-2289.
54-2225 - Transferred to section 54-2290.
54-2226 - Transferred to section 54-2291.
54-2227 - Transferred to section 54-2292.
54-2228 - Transferred to section 54-2293.
54-2229 - Transferred to section 54-2294.
54-2233 - Transferred to section 54-2298.
54-2234 - Transferred to section 54-22,100.
54-2293 - Pseudorabies Control Cash Fund; use; investment; termination.
54-2303 - Legislative findings.
54-2305 - Domesticated cervine animal facility permit required; when.
54-2306 - Permit; application; fee; administrative fee; expiration of permit.
54-2307 - Denial of permit; when.
54-2308 - Permit; conditions; inspection of facility; fee.
54-2309 - Permitholder; reports.
54-2310 - Permitholder; duties; probation; suspension; revocation; procedure; reinstatement.
54-2311 - Notice or order; service; hearing; procedure; appeal.
54-2312 - Animal identification.
54-2313 - Luring or enticement of wildlife prohibited.
54-2314 - Quarantine; department; powers.
54-2316 - Escape; recapture or destroy animal.
54-2317 - Wild cervidae; duties upon discovery.
54-2318 - Rules and regulations.
54-2319 - Herd certification program authorized.
54-2320 - Domesticated Cervine Animal Cash Fund; created; use; investment.
54-2321 - Administration of act.
54-2322 - Commission; access to premises.
54-2323 - Enforcement of act; violations; penalties.
54-2401 - Transferred to section 54-2416.
54-2402 - Transferred to section 54-2417.
54-2404 - Transferred to section 54-2419.
54-2404.01 - Transferred to section 54-2420.
54-2404.02 - Transferred to section 54-2421.
54-2406 - Transferred to section 54-2423.
54-2408 - Transferred to section 54-2428.
54-2411 - Transferred to section 54-2433.
54-2412 - Transferred to section 54-2429.
54-2413 - Transferred to section 54-2435.
54-2414 - Transferred to section 54-2434.
54-2415 - Transferred to section 54-2430.
54-2419 - Permits; approval; conditions; restrictions.
54-2420 - Section; how construed.
54-2421 - Cold water class A streams; designation.
54-2422 - Inspection and construction and operating permit requirements; exemptions.
54-2423 - Animal feeding operation; request inspection; when; fees; department; duties.
54-2424 - Animal feeding operation; operating requirements; when.
54-2425 - National Pollutant Discharge Elimination System permit; department; duties.
54-2426 - Applications; contents.
54-2427 - Public participation; when.
54-2430 - Surface water runoff; diversion requirements; increase in acreage limitation; conditions.
54-2431 - Applications; rejection; when; disciplinary actions; grounds.
54-2433 - Department; contracts authorized.
54-2434 - Enforcement of act; legislative intent.
54-2435 - Council; rules and regulations.
54-2436 - Reinstatement of operating permit; conditions; fee.
54-2438 - Major modification; applications; contents.
54-2504 - Collaborating veterinarian agreement; required; when; contents.
54-2604 - Packers; acts prohibited.
54-2605 - Violations by packer; enforcement; penalty.
54-2606 - Packer violation; proceeds of livestock sale; fines; distribution.
54-2607 - Sales of swine; packers; prohibited acts.
54-2608 - Sales of swine; authorized; when.
54-2609 - Sales of swine; contracts allowed; conditions.
54-2610 - Sales of swine; contract voidable by seller.
54-2611 - Sales of swine; recovery of damages.
54-2612 - Sales of swine; violation; penalty.
54-2613 - Sales of swine; packer; reporting requirements.
54-2614 - Sales of swine; reports available to public; department; duty.
54-2615 - Sales of swine; packer; failure to make reports; false information; penalties.
54-2616 - Sales of swine; enforcement of provisions; restraining order.
54-2617 - Sales of cattle; packer; prohibited acts.
54-2618 - Sales of cattle; contracts allowed; conditions.
54-2619 - Sales of cattle; pricing mechanisms; restrictions.
54-2620 - Sales of cattle; contract voidable by seller.
54-2621 - Sales of cattle; recovery of damages.
54-2622 - Sales of cattle; violation; penalty.
54-2623 - Sales of cattle; packer; reporting requirements.
54-2624 - Sales of cattle; reports available to public; department; duty.
54-2625 - Sales of cattle; packer; failure to make reports; false information; penalties.
54-2626 - Sales of cattle; enforcement of provisions; restraining order.
54-2627 - Fee per animal unit; department assess.
54-2628 - Competitive Livestock Markets Cash Fund; created; use; investment.
54-2629 - Rules and regulations.
54-2630 - Attorney General; enforcement powers.
54-2631 - Attorney General; reciprocal agreements; authorized.
54-2757 - Scrapie Control Cash Fund; created; use; investment; termination.
54-2801 - Legislative findings; act, how cited.
54-2803 - Grant program; applications; purposes.
54-2804 - Livestock Growth Act Cash Fund; created; use; investment.
54-2805 - Rules and regulations.
54-2902 - Definitions, where found.
54-2903 - Accredited veterinarian, defined.
54-2904 - Affected animal, herd, or flock, defined.
54-2905 - Affected premises, defined.
54-2907 - Approved laboratory, defined.
54-2909 - Certificate of veterinary inspection, defined.
54-2910 - Controlled movement, defined.
54-2911 - Dangerous disease, defined.
54-2912 - Department, defined.
54-2914 - Domesticated cervine animal, defined.
54-2917 - Foreign animal or transboundary disease, defined.
54-2918 - Herd or flock, defined.
54-2919 - Herd or flock management plan, defined.
54-2920 - Infected or positive animal, herd, or flock, defined.
54-2922 - Negative animal, herd, or flock, defined.
54-2923 - Official test, defined.
54-2924 - Permit for entry or permit, defined.
54-2928 - Program disease, defined.
54-2929 - Program disease activity or surveillance, defined.
54-2930 - Program standards, defined.
54-2931 - Quarantine, defined.
54-2932 - Ratite bird, defined.
54-2933 - Regulated article, defined.
54-2934 - Responder or suspect, defined.
54-2936 - State Veterinarian, defined.
54-2937 - Trace or tracing, defined.
54-2938 - USDA/APHIS/VS, defined.
54-2939 - Legislative findings; department; powers.
54-2941 - Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.
54-2950 - Records or reports; requirements.
54-2951 - Vaccine; sale and use restrictions.
54-2952 - Waste animal products, defined; feed to animals; unlawful; exceptions.
54-2957 - Animal Health and Disease Control Act Cash Fund; created; use; investment.