44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO LIVESTOCK; CLARIFYING DUTIES OF THE NEW MEXICO LIVESTOCK BOARD PERTAINING TO TRESPASS LIVESTOCK; EXTENDING THE POWER OF THE BOARDS OF COUNTY COMMISSIONERS AS IT PERTAINS TO LIVESTOCK RUNNING AT LARGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 77-2-9 NMSA 1978 (being Laws 1967, Chapter 213, Section 8, as amended) is amended to read:

"77-2-9. REPORTS OF INSPECTORS--PROSECUTION OF VIOLATIONS OF LIVESTOCK LAWS.--

A. The [New Mexico livestock] board shall keep reports of its veterinarians and inspectors in accordance with the Public Records Act.

B. The [New Mexico livestock] board shall assist in the prosecution of persons charged with the violation of the livestock laws and in the protection of the public from trespassing cattle and may call upon any inspector or other peace officer to execute its orders, and when it does, the officer or inspector shall obey the order of the board."

Section 2. Section 77-14-3 NMSA 1978 (being Laws 1901, Chapter 28, Section 1, as amended) is amended to read:

"77-14-3. TRESPASS ON LANDS.--

A. It is unlawful for [any] a person [company or corporation or its] or his agents or employees having charge of any livestock [or other animals] to permit or allow the livestock to go upon the lands of others in this state for the purpose of grazing or watering upon any waters upon the lands without the permission of the owner or legal claimant or his agent. The provisions of this section apply not only to titled lands in this state but to any lands upon which any person may have a valid existing filing under the laws of the United States or any lands which may be leased by any person from the state.

B. [Any] A person [company, corporation], including a landowner's association, or a representative of a military reservation or enclave who may claim the benefits of the protection of this section shall carefully and conspicuously mark the line of his lands so that such mark may be easily seen by persons handling livestock and shall post a notice upon the land conspicuously, warning against trespassing or shall serve personal written notice giving description of the land by government surveys or by metes and bounds."

Section 3. Section 77-14-4 NMSA 1978 (being Laws 1909, Chapter 146, Section 1, as amended) is amended to read:

"77-14-4. ANIMALS RUNNING AT LARGE IN MUNICIPALITIES, UNINCORPORATED TOWNS, CONSERVANCY DISTRICTS, IRRIGATION DISTRICTS AND ON MILITARY RESERVATIONS OR ENCLAVES.--The boards of county commissioners of the counties of this state [are authorized and empowered to] may prohibit the running at large of livestock within the limits of any conservancy or irrigation district organized under the laws of the state [and], within the limits of a platted townsite or platted addition of an unincorporated town having a population not less than three hundred people or within any portion of a military reservation or enclave, [and] situate in whole or in part in such county. The high line canals of the conservancy or irrigation district and the fence erected by a military reservation or enclave are the boundaries of the district for the purposes of Sections 77-14-4 through 77-14-7 NMSA 1978."

Section 4. Section 77-14-36 NMSA 1978 (being Laws 1975, Chapter 329, Section 1, as amended) is amended to read:

"77-14-36. IMPOUNDMENT OF TRESPASS LIVESTOCK.--

A. [Any] Livestock found to be in trespass upon the lands of another or running at large upon any public highway [which] that is fenced on both sides or running at large within the limits of any municipality, unincorporated town or village or within a military reservation or enclave [whether incorporated or not is subject to impoundment], regardless of compliance with Section 77-16-1 NMSA 1978, shall be impounded or otherwise removed by or with the assistance of 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] a custodian and a 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."