Kansas Statutes

Chapter 47: Livestock And Domestic Animals

Article 1: Stock Running At Large

Statutes:

• 47-101:
• 47-102:
• 47-103:
• 47-104: Freighters and drovers liable for damages.
• 47-105:
• 47-106:
• 47-107:
• 47-108:
• 47-109, 47-110:
• 47-111:
• 47-112 to 47-117:
• 47-118:
• 47-119:
• 47-120: Driving swine along highway.
• 47-121: Penalty for unlawful driving of animals.
• 47-122: Unlawful for certain animals to run at large.
• 47-122a: Livestock running at large; taking up such livestock by county sheriff; notice; sale; disposition of proceeds of sale; consolidated law enforcement department.
• 47-123: Damages to person injured; lien.
• 47-124: Who may take animals into custody; procedure.
• 47-125:

• 47-101:

        History:   G.S. 1868, ch. 105, § 1; L. 1886, ch. 159, § 1; R.S. 1923, 47-101; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-102:

        History:   G.S. 1868, ch. 105, § 2; R.S. 1923, 47-102; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-103:

        History:   G.S. 1868, ch. 105, § 3; L. 1886, ch. 159, § 2; R.S. 1923, 47-103; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-104: Freighters and drovers liable for damages. All damages done by stock owned by freighters or drovers to crops adjacent to roads along which the trains or droves may be passing or herded shall be paid by the owners of the stock to the owners of the crops so damaged, without regard to fences.

        History:   G.S. 1868, ch. 105, § 4; Oct. 31; R.S. 1923, 47-104.

• 47-105:

        History:   G.S. 1868, ch. 105, § 38; L. 1872, ch. 194, § 1; R.S. 1923, 47-105; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-106:

        History:   G.S. 1868, ch. 105, § 39; R.S. 1923, 47-106; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-107:

        History:   G.S. 1868, ch. 105, § 33; R.S. 1923, 47-107; L. 1973, ch. 134, § 43; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-108:

        History:   R.S. 1923, 47-108; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-109, 47-110:

        History:   G.S. 1868, ch. 105, §§ 35, 36; R.S. 1923, 47-109, 47-110; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-111:

        History:   G.S. 1868, ch. 105, § 43; R.S. 1923, 47-111; Repealed, L. 1969, ch. 257, § 3; July 1.

• 47-112 to 47-117:

        History:   G.S. 1868, ch. 105, §§ 46 to 51; R.S. 1923, 47-112 to 47-117; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-118:

        History:   G.S. 1868, ch. 105, § 52; R.S. 1923, 47-118; L. 1969, ch. 257, § 1; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-119:

        History:   G.S. 1868, ch. 105, § 53; R.S. 1923, 47-119; Repealed, L. 1986, ch. 195, § 9; July 1.

• 47-120: Driving swine along highway. Nothing herein contained shall be so construed as to prevent drovers or other persons from driving swine from one place to another along any public highway, the owner or owners being responsible for all damages that any person or persons may sustain in consequence of the driving of such swine.

        History:   G.S. 1868, ch. 105, § 54; Oct. 31; R.S. 1923, 47-120.

• 47-121: Penalty for unlawful driving of animals. That any person or persons other than the owner or his authorized agent who shall willfully drive or cause to be driven any horses, cattle, mules, sheep or swine or other domestic animals further from their usual and customary range than the nearest corral obtainable without the written consent of the owner, or who shall neglect to return such horses, mules, cattle, sheep or swine or other domestic animals immediately to their accustomed range, shall in either case be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not exceeding ninety days, or by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by both such fine and imprisonment, in the discretion of the court.

        History:   L. 1901, ch. 253, § 1; March 22; R.S. 1923, 47-121.

• 47-122: Unlawful for certain animals to run at large. It shall be unlawful for any domestic animal, other than dogs and cats, to run at large.

        History:   L. 1929, ch. 211, § 1; L. 1986, ch. 195, § 6; July 1.

• 47-122a: Livestock running at large; taking up such livestock by county sheriff; notice; sale; disposition of proceeds of sale; consolidated law enforcement department. (a) Whenever the owner or the owner's authorized agent allows any livestock to run at large, in violation of K.S.A. 47-122, and amendments thereto, and such livestock remains on the property of another person, the sheriff of the county in which such livestock are running at large, at the request of such person upon whose property the livestock are running at large, may take such livestock into custody and retain them in a secure holding area.

        (b)   The county sheriff shall give notice to the owner or the owner's authorized agent within 24 hours after taking such livestock into custody that the owner or the owner's authorized agent has 10 days within which to claim such livestock and to pay all actual costs for taking up, keeping and feeding of such livestock.

        (c)   If the owner or the owner's authorized agent fails to claim the livestock and to pay all actual costs within the ten-day period, the county sheriff shall cause the livestock to be delivered to a public livestock market or to a secure holding area approved by the livestock commissioner. If the livestock is delivered to the market, the county sheriff shall cause such livestock to be sold at such market to the highest bidder for cash. Livestock held in a secure holding area other than a livestock market shall be advertised by the county sheriff in the official county newspaper and sold to the highest bidder for cash.

        (d)   The county sheriff shall pay out of the proceeds from the sale of such livestock, all actual costs for taking up, keeping and feeding of such livestock. Any proceeds remaining in the hands of the sheriff after payment of all actual costs, shall be paid to the owner of the livestock or the owner's authorized agent. If the owner or the owner's authorized agent is not known or cannot be located, the proceeds remaining after the payment of actual costs shall be paid to the county treasurer of the county in which the livestock were running at large. Such funds shall be deposited by the county treasurer in the county's special stray fund provided for in K.S.A. 47-239, and amendments thereto.

        (e)   In counties having a consolidated law enforcement department, the provisions of this section relating to sheriffs shall be deemed to refer to such department.

        History:   L. 1979, ch. 167, § 1; L. 1997, ch. 129, § 1; July 1.

• 47-123: Damages to person injured; lien. Any owner whose livestock shall run at large, in violation of K.S.A. 47-122 shall be liable to the person injured for all damages resulting therefrom, and the person so damaged shall have a lien on said livestock for the amount of such damages.

        History:   L. 1929, ch. 211, § 2; L. 1979, ch. 167, § 2; July 1.

• 47-124: Who may take animals into custody; procedure. Any person sustaining damages as provided in K.S.A. 47-123, may take the trespassing livestock into custody, and may retain the same until such damages and all reasonable charges are paid. It shall be the duty of the person taking the livestock into custody to notify the owner or the owner's authorized agent of such taking up within twenty-four (24) hours thereafter; and if such owner or authorized agent cannot be found or notified, then to proceed as provided by law in case of strays. Where notice of such taking up of such livestock is given, the person so taking up said livestock shall not retain the custody of the same for more than five days without commencing action against the owner thereof to recover such damages.

        History:   L. 1929, ch. 211, § 3; L. 1931, ch. 221, § 1; L. 1979, ch. 167, § 3; July 1.

• 47-125:

        History:   L. 1974, ch. 222, § 1; L. 1982, ch. 222, § 1; Repealed, L. 1996, ch. 26, § 2; July 1.