36-01-12.2. Confiscation of nontraditional livestock held in violation of this chapter
1. The state veterinarian, or the state veterinarian's designee, a police officer, sheriff, or
other law enforcement officer may seize any nontraditional livestock located on private
property from the animal's owner or custodian if probable cause exists to believe that
the animal is being held in violation of this chapter or rules adopted under this chapter.
Unless it is shown that there exists an exigency or occasion as to require the
immediate confiscation, an animal may not be seized until a hearing is held allowing
the owner or custodian to show cause why the animal should not be confiscated. If
exigent circumstances exist, an ex parte order may be issued authorizing seizure of
the animal if probable cause appears to the court that:
a. The animal is in immediate danger of being released into the wild, destroyed,
concealed, removed from the state, or sold or given to an innocent party.
b. The animal is infected with any contagious or infectious disease capable of being
spread to animals or humans.
All animals seized must be held subject to the order of a court of competent
jurisdiction. Whenever probable cause exists for a preconfiscation hearing, the owner
or custodian of the animal must be notified in writing that, on the day fixed for a
hearing, which may not be less than three days from the date of receipt of notice, the
owner or custodian may appear or show cause why the animal should not be
confiscated. Notice must be delivered to the owner or custodian by personal service or
registered mail to that person's last-known mailing address. An affidavit of service or
the post-office registration receipt signed by the owner or custodian is prima facie
evidence of service of notice.
2. Upon request by the person confiscating the animal, the board, the department of
health and human services, the game and fish department, any county sheriff's office,
city police department, or other peace officer may provide assistance in any action to
seize, impound, confiscate, or quarantine any animal suspected of being held or
possessed in violation of this title.
3. A court having jurisdiction of an alleged offense under this title or rules adopted under
this chapter may order the disposition of all animals that have been confiscated. This
order may be entered only after a hearing duly had upon proper notice to the owner or
custodian and after a finding by the court that the animal was being held or possessed
in violation of this title at the time it was seized.
4. When any nontraditional livestock is found to be held or possessed contrary to this
chapter, the court may:
a. Order the animal to be forfeited by its owner or custodian and that the animal be
destroyed or disposed of otherwise. The court may order disposition to a zoo
licensed by the animal care program of the animal and plant health inspection
service of the United States department of agriculture if the zoo requests
possession upon confiscation of the animal; or
b. Order the return of custody to the owner or custodian upon compliance with all
applicable state and local regulations governing ownership and possession of
nontraditional livestock, including payment of any license fees.
The court may award reasonable costs of seizure, care, and keeping pending
disposition, and attorney's fees to the agency bringing an action to confiscate any
nontraditional livestock under this title.
5. Subject to section 32-12.2-02, the owner of an animal may bring a claim for money
damages, and may recover the amount of actual damages incurred during the time of
seizure, if the owner establishes that before the animal was seized under this chapter,
the agency knew or recklessly failed to determine that the animal, at the time of
seizure, was lawfully owned and licensed in this state or that the animal was a
domestic animal not subject to seizure under this chapter.
