Estrays

NMSA 1978 ch. 77, art. 13

in effect

NMSA 1978, § 77-13-1 Possession of estray unlawful

77-13-1. Possession of estray unlawful It shall be unlawful for any person, corporation or company or its employees or agents to take up any estray and retain possession of the estray except as provided in Chapter 77, Article 13 NMSA 1978. Laws 1907, ch. 80, § 1; Code 1915, § 157; C.S. 1929, § 4-1501; 1941 Comp., § 49-1501; 1953 Comp., § 47-14-1; Laws 1975, ch. 45, § 1; 1993, ch. 248, § 78.

NMSA 1978, § 77-13-2 Impoundment of estray animals

77-13-2. Impoundment of estray animals A. A person shall not impound an estray except when the estray is found on property the person owns or controls. When a person impounds an estray, he shall, within five days of the impoundment, notify the director or an inspector of the impoundment. B. A person having knowledge of an estray upon any public or private range, fenced or unfenced, may notify the director or an inspector, giving description of the estray, and upon instructions from the board or inspector the estray shall be turned over to an inspector for disposition as the board may direct according to law. C. It is lawful for a person having knowledge of an estray grazing on public land, public highways or other lands used for grazing purposes in conjunction with public land and who has the prior approval of or is acting in cooperation with an agent of the board to impound and detain the estray for the purpose of ascertaining ownership by brand or other means of identification. The owner of the estray found to be in trespass shall be allowed forty-eight hours from receipt of notice of impoundment within which to claim the animal and make settlement for trespass damage. If the owner fails to claim the animal and effect a settlement for trespass damages within the time allowed, the estray detained shall be turned over to an inspector or other agent of the board for disposition in the same manner as provided for other estrays under Chapter 77, Article 13 NMSA 1978. Laws 1907, ch. 80, § 2; Code 1915, § 158; C.S. 1929, § 4-1502; 1941 Comp., § 49-1502; Laws 1951, ch. 122, § 1; 1953 Comp., § 47-14-2; Laws 1977, ch. 165, § 1; 1999, ch. 282, § 81.

NMSA 1978, § 77-13-3 Examination of brand records; notice to owner; charge for care; limitation

77-13-3. Examination of brand records; notice to owner; charge for care; limitation Upon receiving notice of the impoundment of an estray the director shall make or cause to be made an examination of the brand records. If from this record the name of the owner or probable owner can be determined, the director shall notify the owner of the impoundment of the estray and, upon the owner proving to the satisfaction of the board that the estray is lawfully his, the board shall issue to him an order to receive the estray upon payment of any reasonable charges that may have been incurred in the care of the estray impounded. Laws 1907, ch. 80, § 3; Code 1915, § 159, C.S. 1929, § 4-1503; 1941 Comp., § 49-1503; Laws 1953, ch. 18, § 1; 1953 Comp., § 47-14-3; Laws 1977, ch. 165, § 2; 1999, ch. 282, § 82.

NMSA 1978, § 77-13-4 Owner unknown; publication and posting of notice

77-13-4. Owner unknown; publication and posting of notice A. If the director is unable to determine from the records and description who is the owner or probable owner of an estray, the director shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, the publication to be designated by the board, a notice of the estray. B. For an estray that is not an equine, the notice shall give a description of the animal, shall state when and where the animal was impounded and shall give notice that unless the animal is claimed by the legal owner within five days after the publication of the notice, the animal shall be sold by the board for the benefit of the owner when found. C. For an estray that is an equine, the notice shall give a description of the equine and shall: (1) state when and where the equine was impounded and shall give notice that, unless the equine is claimed by the legal owner within five days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; and (2) give notice that if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed-bid process administered by the board and established in rule and that if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian. Laws 1907, ch. 80, § 4; Code 1915, § 160; Laws 1921, ch. 114, § 1; C.S. 1929, § 4-1504; Laws 1941, ch. 109, § 1; 1941 Comp., § 49-1504; Laws 1953, ch. 19, § 1; 1953 Comp., § 47-14-4; Laws 1977, ch. 165, § 3; 2023, ch. 45, § 7.

NMSA 1978, § 77-13-5 Disposition of unclaimed estrays; bill of sale; effect; sale without advertisement; conditions

77-13-5. Disposition of unclaimed estrays; bill of sale; effect; sale without advertisement; conditions A. If an estray that is not an equine is not claimed within five days after publication of notice, it may be sold by the board through an inspector in such manner as the board may direct. The inspector making the sale shall give a bill of sale to the purchaser from the board, signed by the inspector. The bill of sale shall be legal evidence of the ownership of the livestock by the purchaser and shall be a legal title to the livestock. Where the director determines that it is impractical to publish notice, the estray may be sold immediately without notice. In such case, the board shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice. B. If the estray is an equine and the equine is not claimed within five days after publication of notice: (1) the board shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee; (2) the ownership transfer fee shall be equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; (3) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; (4) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine; (5) if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed-bid process administered by the board and established in rule; and (6) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian. Laws 1907, ch. 80, § 5; Code 1915, § 161; Laws 1921, ch. 114, § 2; C.S. 1929, § 4-1505; Laws 1939, ch. 16, § 1; 1941 Comp., § 49-1505; 1953 Comp., § 47-14-5; Laws 1977, ch. 165, § 4; 1999, ch. 282, § 83; 2023, ch. 45, § 8.

NMSA 1978, § 77-13-6 Disposition of proceeds; record of sale; payments to owner

77-13-6. Disposition of proceeds; record of sale; payments to owner The inspector making the sale of an estray shall return the proceeds of the sale to the board. The board shall pay the expenses incurred in the impounding, publishing of notice and selling of the animal and place the balance in the fund of the board, making a record of the same showing the marks and brands and other means of identification of the livestock and giving the amount realized from the sale. The record shall be open to the inspection of the public. Should the lawful owner of an estray that has been sold be found within two years after the sale of the livestock, the net amount received from the sale of the estray less the sum prescribed by law for office handling fees shall be paid to the owner upon his proving ownership to the satisfaction of the board. Laws 1907, ch. 80, § 6; Code 1915, § 162; C.S. 1929, § 4-1506; 1941 Comp., § 49-1506; 1953 Comp., § 47-14-6; Laws 1977, ch. 165, § 5; 1981, ch. 357, § 13; 1999, ch. 282, § 84.

NMSA 1978, § 77-13-7 Rights of impounder; charges; determination by board

77-13-7. Rights of impounder; charges; determination by board Upon the impoundment of any estray animal or animals as provided in Section 77-13-2 NMSA 1978, the impounder shall be entitled to hold same lawfully until relieved of their custody by the New Mexico livestock board. Should a claimant for the animal or animals apply to the impounder for possession of the same, the impounder shall at once notify the New Mexico livestock board in writing of such application. Should the board be satisfied that the applicant is the lawful owner, it shall forthwith issue an order by the director authorizing the impounder to deliver said estray or estrays to the owner, who may be required to pay any reasonable charges incurred by the impounder; provided, that in case of a controversy as to what shall constitute a reasonable charge, the New Mexico livestock board shall fix the amount, the time of service for which the impounder may claim remuneration, commencing on the date of notification made by the impounder to the New Mexico livestock board. Laws 1907, ch. 80, § 7; Code 1915, § 163; C.S. 1929, § 4-1507; 1941 Comp., § 49-1507; 1953 Comp., § 47-14-7; Laws 1977, ch. 165, § 6.

NMSA 1978, § 77-13-8 Impounding estray; failure to notify board; penalty

77-13-8. Impounding estray; failure to notify board; penalty It is unlawful for a person other than an inspector to impound or retain possession of an estray except as provided in Sections 77-13-2 and 77-13-7 NMSA 1978. A person who impounds an estray contrary to the provisions of Chapter 77, Article 13 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense. Laws 1907, ch. 80, § 8; Code 1915, § 164; C.S. 1929, § 4-1508; 1941 Comp., § 49-1508; 1953 Comp., § 47-14-8; Laws 1977, ch. 165, § 7; 1999, ch. 282, § 85.

NMSA 1978, § 77-13-9 Escape or removal of estray; possessory right of person impounding

77-13-9. Escape or removal of estray; possessory right of person impounding If any animal, after having been impounded by any person under the provisions of this article, shall escape or be taken from the possession or custody of such person before the same shall have been disposed of under the provisions of the [this] article, then such person or the New Mexico livestock board or its authorized inspector shall have the right to recover the animal wherever the same may be found, to be held until disposed of as provided for in this article. Laws 1907, ch. 80, § 9; Code 1915, § 165; C.S. 1929, § 4-1509; 1941 Comp., § 49-1509; 1953 Comp., § 47-14-9; Laws 1977, ch. 165, § 8.

NMSA 1978, § 77-13-10 Rights of municipalities not affected

77-13-10. Rights of municipalities not affected Nothing in this article shall amend, alter, change or interfere with the rights of any incorporated municipality in this state to prevent the running at large of any stock within the corporate limits of said municipality, and the impounding of the same as is now provided by law. Laws 1907, ch. 80, § 11; Code 1915, § 167; C.S. 1929, § 4-1511; 1941 Comp., § 49-1510; 1953 Comp., § 47-14-10; Laws 1977, ch. 165, § 9.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026