Kentucky Statutes 256.080 – Liability when livestock enter through lawful fence — Lien on livestock
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If any livestock enter into any land over or through a lawful fence, the owner or manager of the livestock shall for the first trespass be liable to the owner or occupant of that land for damages to his or her trees, grass, grain, crops, livestock or land as he or she may have sustained by the entry of the livestock, and for every subsequent trespass by the livestock of the same owner, double damages. After giving the owner or manager of the livestock at least five (5) days’ notice, in writing, of the fact of two (2) previous breaches into the same enclosure by the livestock of the same owner, the owner or occupant of the enclosure shall have a lien on the livestock to indemnify him or her on account of any damages sustained by the third or any subsequent trespasses of those livestock and may enforce his or her lien by action as in cases of a mortgage lien.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 129, sec. 24, effective June 29, 2017. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1781.
Effective:June 29, 2017
Terms Used In Kentucky Statutes 256.080
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lawful fence: means :
(a) A strong and sound fence, four (4) feet high, so close that cattle cannot creep through, made of rails, or plank, or wire and plank, or iron, or hedge, or stone or brick. See Kentucky Statutes 256.010 - Lien: A claim against real or personal property in satisfaction of a debt.
- livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 256.010
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
History: Amended 2017 Ky. Acts ch. 129, sec. 24, effective June 29, 2017. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1781.