Utah Code 23A-8-301. Crop damage by pheasants — Notice to division — Damages for destroyed crops — Limitations — Appraisal
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(1) When pheasants damage cultivated crops on cleared and planted land, the owner of the cultivated crops shall immediately upon discovery of the damage notify the division both orally and in writing.
Terms Used In Utah Code 23A-8-301
- Appraisal: A determination of property value.
- Cultivated crops: means :(2)(a) annual or perennial crops harvested from or on cleared and planted land;(2)(b) perennial orchard trees on cleared and planted land;(2)(c) crop residues that have forage value for livestock; and(2)(d) pastures. See Utah Code 23A-8-101
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) Upon being notified of the damage to cultivated crops, the division shall, as far as possible, control the damage.(3) When pheasants damage or destroy cultivated crops on cleared and planted land, the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the owner notifies the division of the damage within 48 hours after the damage is discovered.(4) Subject to Subsection (5), the crop owner and the division shall make an appraisal of the damage as soon after notification as possible. If the crop owner and the division are unable to agree on the fair and equitable damage, they shall call upon a third party, consisting of one or more persons acquainted with the crops concerned and pheasants, to appraise the damage.(5) If a provision of this section conflicts with the requirements of the federal Pittman-Robertson Act or the regulations issued under that act, the provisions relating to damage claims are void.