Nevada Revised Statutes
Chapter 569 - Estrays and Livestock
NRS 569.440 - Liability caused by trespassing livestock; liability of landowner for injury to trespassing livestock; trespassing livestock treated as estrays.


1. Except as otherwise provided in NRS 569.461 and 569.471:
(a) If any livestock break into any grounds enclosed by a legal fence, the owner or manager of the livestock is liable to the owner of the enclosed premises for all damages sustained by the trespass. If the trespass is repeated by neglect of the owner or manager of the livestock, the owner or manager of the livestock is for the second and every subsequent offense or trespass, liable for double the damages of the trespass to the owner of the premises.
(b) If any owner or occupier of any grounds or crops trespassed upon by livestock entering upon or breaking into his or her grounds, whether enclosed by a legal fence or not, kills, maims or materially injures the livestock so trespassing, the owner or occupier of the grounds or crops is liable to the owner of the livestock for all damages, and for the costs accruing from a suit for such damages, when necessarily resorted to for their recovery.
(c) The owner or occupier of grounds or crops so damaged and trespassed upon may take up and safely keep, at the expense of the owner or owners thereof, after due notice to the owners, if known, the livestock, or so many of them as may be necessary to cover the damages the owner or occupier of grounds or crops may have sustained, for 10 days, and if not applied for by the proper owner or owners before the expiration of 10 days, the livestock may be posted under the estray laws of the state, and before restitution may be had by the owner or owners of the livestock, all damages done by them, as well also as the expense of posting and keeping them, must be paid. Any justice of the peace in the township has jurisdiction of all such reclamation of livestock, together with the damages, and expense of keeping and posting the same, when the amount claimed does not exceed $2,500.
2. When two or more persons cultivate lands under one enclosure, neither of them may place or cause to be placed any livestock on his or her ground, to the injury or damage of the other or others, but is liable for all damages thus sustained by the other or others. If repeated, after due notice is given, and for every subsequent repetition, double damages are recoverable in any court having jurisdiction.
[1:16:1862; B § 3992; BH § 741; C § 777; RL § 2332; NCL § 4016] + [2:16:1862; B § 3993; BH § 742; C § 778; RL § 2333; NCL § 4017] + [3:16:1862; B § 3994; BH § 743; C § 779; RL § 2334; NCL § 4018]—(NRS A 1961, 549; 1991, 1148)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 569 - Estrays and Livestock

NRS 569.005 - Definitions.

NRS 569.006 - "Alternative livestock" defined.

NRS 569.0065 - "Department" defined.

NRS 569.007 - "Director" defined.

NRS 569.0075 - "Estray" defined.

NRS 569.008 - "Feral livestock" defined.

NRS 569.0085 - "Livestock" defined.

NRS 569.010 - Estrays and feral livestock deemed property of Department; management, control, placement and disposition of estrays and feral livestock; disposition of money; liability.

NRS 569.020 - Duties of certain officers who impound livestock to notify Department; contents of notice.

NRS 569.031 - Cooperative agreements for management, control, placement or disposition of livestock: Required provisions; annual review by Department; cancellation.

NRS 569.040 - Unlawful to take up or feed estray or feral livestock; enforcement; penalties.

NRS 569.045 - Person gathering estray or feral livestock to publish notice in newspaper; requirements of notice.

NRS 569.050 - Written notice to Department when person takes up estray.

NRS 569.060 - Examination by Department of brand records upon receipt of notice of taking up of estray; notice to owner; payment of charges incurred for care; authority for closer examination of brands.

NRS 569.070 - Publication of notice of estray required if owner cannot be determined; reimbursement of expenses for publication; sale of injured or debilitated estray.

NRS 569.075 - Sale of feral livestock gathered by Department; publication of notice of sale of feral livestock; sale of injured or debilitated feral livestock.

NRS 569.080 - Sale, placement or other disposition of unclaimed estray; sale or placement of unclaimed feral livestock; issuance of brand inspection clearance certificate upon sale; marking, branding or identifying required before sale or placement.

NRS 569.090 - Deposit of balance of proceeds of sale; records; payment to owner.

NRS 569.100 - Person taking up estray or feral livestock entitled to hold animal until relieved of custody; unlawful use or taking of estray or feral livestock; penalties.

NRS 569.110 - Escaped or removed estray or feral livestock may be recovered by person who took it up.

NRS 569.120 - Estrays and feral livestock may be taken up by agents of Department; procedure for disposal.

NRS 569.130 - Penalties.

NRS 569.431 - "Legal fence" defined.

NRS 569.440 - Liability caused by trespassing livestock; liability of landowner for injury to trespassing livestock; trespassing livestock treated as estrays.

NRS 569.450 - Trespass on cultivated land: No award of damages unless land enclosed by legal fence.

NRS 569.461 - Liability of developer of residential, commercial or industrial structure adjoining pasture for damages to legal fence.

NRS 569.471 - Replacement of legal fence permitted; conditions; duty and liability.