Management of Estrays

Utah Code tit. 4, ch. 4-25, pt. 4-25-P2

in effect

Utah Code § 4-25-201 Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.

4-25-201. Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability. (1) (a) Except as provided in Section 4-25-202, a county shall: (i) take physical possession of an estray the county finds within county boundaries; (ii) attempt to determine the name and location of the estray's owner; and (iii) contact the local brand inspector. (b) The department shall assist a county that requests its help in determining the name and location of the owner or other person responsible for the estray. (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act, if the county cannot determine the estray's owner, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the estray shall be sold at a livestock or other appropriate market. (ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in Subsection (1)(c)(iii), shall be paid to the county selling the estray. (iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may deduct the cost of feed, transportation, and other market costs from the proceeds of the sale. (2) A county shall publish notice of the sale of an estray within the county where the estray was taken into custody, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the sale. (3) A purchaser of an estray sold under this section shall receive title to the estray free and clear of all claims of the estray's owner and a person claiming title through the owner. (4) A county that complies with the provisions of this section is immune from liability for the sale of an estray sold at a livestock or other appropriate market. (5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the estray's physical condition prevents the estray from being sold. Amended by Chapter 435, 2023 General Session

Utah Code § 4-25-202 Report of estrays -- Possession -- Relief from liability.

4-25-202. Report of estrays -- Possession -- Relief from liability. (1) As used in this section, "division" means the Division of Wildlife Resources. (2) A person, other than an official of the county or of an animal control office under contract with the county, who finds an estray shall report the estray to the county or animal control office immediately. (3) Upon receipt of notification under Subsection (2), the county or the animal control office shall: (a) take possession of the estray; or (b) if appropriate, authorize the person in possession of the estray to maintain and care for the estray pending determination and location of the estray's owner. (4) A person who gives notice of an estray and delivers the estray to the county or animal control office is not liable to third parties on account of the estray to the extent of the value of the animal. (5) (a) If an employee of the department or the division, acting in the employee's official capacity, finds an estray, the employee shall: (i) comply with the requirements of Subsection (2); and (ii) make a reasonable attempt to contact the estray's owner. (b) The county or animal control office receiving a report of an estray from an employee of the department or the division shall: (i) take possession of the estray; or (ii) authorize the department or the division in writing or through electronic means to take possession of the estray. (c) If the county or animal control office does not comply with Subsection (5)(b) within 72 hours from the time the division reports an estray, the division may take possession of the estray. (d) If the division takes possession of the estray, the division shall: (i) make a reasonable attempt to return the estray to the estray's owner; or (ii) if unable to return the estray to the estray's owner, deliver the estray to the county or animal control office. (e) If the division is unable to take possession of the estray after a reasonable attempt, the division may cause the death of the estray if the division determines that the estray presents a material threat to wildlife by: (i) predation; (ii) pathogen transmission; or (iii) genetic introgression. (f) If the division causes the death of an estray under Subsection (5)(e), the division shall: (i) compensate the owner of the estray at full market value of the estray; or (ii) if the owner of the estray cannot be determined, deposit an amount equal to the full market value of the estray into the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108. (6) Notwithstanding the requirements of Subsection (5), the division may immediately take possession of an estray or cause an estray to move away from wildlife if the estray presents an imminent material threat to wildlife by: (a) predation; (b) pathogen transmission; or (c) genetic introgression. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-25-203 Compensation for care of estrays -- Liability of county -- Notice required.

4-25-203. Compensation for care of estrays -- Liability of county -- Notice required. (1) A person who finds an estray and who, after giving notice is authorized by the county to maintain and care for the estray, is entitled to compensation from the owner, or from the county, as the case may be, for the reasonable costs of feeding and maintaining the estray; provided, that the county is liable for such cost only if the owner is not located after diligent search. (2) No person who finds an estray, however, is entitled to reimbursement for feed and maintenance or for any other cost incurred on behalf of the estray before such time as notice of the estray is given to the county or to the appropriate animal control office. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-25-204 County legislative body authorized to adopt fence ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations.

4-25-204. County legislative body authorized to adopt fence ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations. (1) A county legislative body may, by ordinance, declare and enforce a general policy within the county for the fencing of farms, subdivisions, or other private property to allow domestic animals to graze without trespassing on farms, subdivisions, or other private property. (2) If an ordinance is adopted under Subsection (1), the county legislative body: (a) shall through ordinance declare and specify what constitutes a lawful fence; and (b) may divide the county into divisions and prescribe different fencing regulations for each division. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-25-205 Owner liable for trespass of animals -- Exception -- Intervention by county representative.

4-25-205. Owner liable for trespass of animals -- Exception -- Intervention by county representative. (1) The owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of the premises for any damage inflicted by the trespass. (2) A county representative may intervene to remove the animal and the county is entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days after written notification is sent to the animal's owner, a county representative may sell the animal to cover costs incurred. (3) Notwithstanding Subsections (1) and (2), the owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in a civil action to the owner or occupant of the premises for damage inflicted by the trespass if: (a) the animal enters the premises from an historic livestock trail, as defined in Section 57-13b-102; and (b) the premises that was trespassed is not enclosed by an adequate fence at the time the trespass occurs. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-25-206 Animals running at large -- Prohibition -- Limited exception.

4-25-206. Animals running at large -- Prohibition -- Limited exception. (1) Except as provided in Subsection (2), no person who owns or is in possession of a stallion, jack, or ridgeling over 18 months old, or a ram over three months old, shall permit the animal to run at large within the limits of, or on the summer range of, any town or settlement. (2) Two-thirds of the voters of any county or isolated part of a county may elect through an election to make this section ineffective in all or part of the county during part of the year. Renumbered and Amended by Chapter 345, 2017 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title4/Chapter25/4-25-P2.html?v=C4-25-P2_2017050920170701Fetched: 10/26/2026