A. Any livestock found to be in trespass upon the lands of another or running at large upon any public highway which is fenced on both sides or running at large within the limits of any municipality, town, village or military reservation or enclave whether incorporated or not, is subject to impoundment by an agent of the New Mexico livestock board. The place of impoundment shall be at the nearest or most convenient location from where the trespass occurred.

B. Any livestock impounded under the provisions of this section will be released to the owner or his representative upon the payment by the owner of a fee set by regulation of the New Mexico livestock board not to exceed amounts prescribed by law for impounding if any incurred.

C. The New Mexico livestock board shall designate the person and place of impoundment and allow a reasonable fee to be charged by the custodian of the impounded livestock; provided that in case of a controversy as to what constitutes a reasonable charge, the board shall set the amount of the charge.

D. This section shall not be construed to affect the obligation of a property owner of meeting the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses.

E. Any cost charged against trespass livestock will be a lien on the livestock. If the owner does not pay the charges and reclaim possession of the livestock within five days after receipt of notification by the owner, the livestock shall be considered unclaimed estrays and may be sold in accordance with the provisions of Section 77-13-5 NMSA 1978.

History: 1953 Comp., § 47-15-35.1, enacted by Laws 1975, ch. 329, § 1; 1977, ch. 44, § 1; 1981, ch. 357, § 14; 1989, ch. 230, § 7.

The 1989 amendment, effective June 16, 1989, deleted "or buffalo" following "livestock" in the catchline and throughout the section; in Subsection A substituted "town, village or military reservation or enclave" for "town or village" in the first sentence and deleted the former last sentence, which read: "This subsection does not apply to livestock or buffalo on a military reservation"; and substituted "New Mexico livestock board" for "board" in Subsection B.

The 1981 amendment substituted "amounts prescribed by law" for "two dollars fifty cents ($2.50) per head, plus twelve cents ($.12) per mile, and cost" in Subsection B and "the" for "such" following "pay" in the second sentence in Subsection E and deleted "then" following "reasonable charge" in the proviso clause in Subsection C.

The 1977 amendment added "or buffalo" to the catchline of this section, deleted "except on a military reservation" near the beginning of Subsection A, added the present third sentence of such subsection, substituted "and cost for impounding, if any incurred" for "if any be incurred for impounding" at the end of Subsection B, inserted "or buffalo" before the proviso in Subsection C, and added the second sentence of Subsection E.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 62 et seq.

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street, 49 A.L.R.4th 653.

3A C.J.S. Animals §§ 159 to 164.