Special lien on trespassing animals.
Any person having a field of enclosure with a "lawful fence" as described in chapter 1, title 35, Idaho Code, entirely surrounding the field or enclosure shall have a special lien upon, and may take up any domestic livestock such as cattle, horses, mules, donkeys, sheep, goats or other domestic livestock which break into the enclosure. The lien will include the care and feeding of the livestock and other charges as provided for in chapter 23, title 25, Idaho Code, in relation to estrays. The lien is not dependent upon possession. It may be perfected by following the provisions of this chapter which are required of the lien claimant.
Notes of Decisions
Nelson v. Holdaway Land & Cattle Co., 691 P.2d 796 (Idaho Ct. App. 1984).
· cites it 2× “Had Nelson elected to maintain a lawful fence around his field, then I.C. §§ 25-2201 to 2208 (although primarily applicable outside a herd district) would provide a procedure for recovering the costs of caring for the Holdaway cattle.”
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024).
· cites it 2× “See I.C. § 25-2201 (providing that any landowner who encloses his property with a legal fence, as defined by sections 35-101 and 35-102, has a cause of action against the owner of animals that break through the enclosure).”
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