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

RELATING TO LIVESTOCK; REQUIRING LIVESTOCK OWNERS TO FENCE PROPERTY ADJACENT TO RESIDENTIAL AREAS; PROVIDING REMEDIES.

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

Section 1. Section 77-16-1 NMSA 1978 (being Laws 1909, Chapter 70, Section 1, as amended) is amended to read:

"77-16-1. FENCES--WHEN REQUIRED--REMEDIES.--[Section 1.]

A. Except as provided in Subsection B of this section, every gardener, farmer, planter or other person having lands or crops that would be injured by trespassing animals shall make a sufficient fence about his land in cultivation or other lands that may be so injured, the same to correspond with the requirements of the laws of this state prescribing and defining a legal fence.

B. A livestock owner shall fence his property on which livestock is pastured if the land is adjacent to a residential area.

C. A residential property owner who has been injured by a violation of Subsection B of this section may bring an action for damages and such other equitable relief as the court grants. The prevailing party may recover court costs and attorney fees."