Laws dictate sheriff s actions with stray livestock
Staff reporter
Every farmer and rancher has experienced livestock escaping from pens and pastures.
Kansas state statutes give county sheriffs the authority to manage runaway livestock and return to the rightful owners.
The process is spelled-out in state statute and Marion County Sheriff Lee Becker also follows a specific process.
The sheriff's department responds to the call, particularly concerned about livestock on the roadway.
"When we get a call from someone saying their neighbor's livestock is out and in their field, we try to work it out so the neighbor goes and picks up their own livestock," said Becker. "Or sometimes we don't know who the cattle belongs to and the other person is willing to 'board' the animals until the owners are found. When the owners are found, the owners pay compensation to the other person for feeding and caring for their animals."
Most owners are conscientious, Becker said, and want to protect their investment.
There are times, however, when that scenario doesn't work out.
"If cattle need to be picked up, I call Jeff Soyez (a deputy) who can get a hold of some cowboys with a trailer," Becker explained. Every effort is made to contact the owner if the owner is known.
"There are times when animals aren't marked (branded or tagged) and we don't have any idea who they belong to," Becker said. In those cases, the sheriff's department will advertise to find the owner.
If the owner is not found or if the owner does not claim the livestock within 10 days, the sheriff's department has the right to sell them.
Per statute, the owner is charged for capturing, keeping, and feeding the livestock. If the owner fails to pay, the livestock is not returned and eventually sold.
If the livestock is sold, the sheriff's office retains all actual costs and any remaining proceeds go to the owner.
If the owner is not known, the statute requires the remaining proceeds be deposited in a special county stray fund.
The laws
K.S.A. 47-122(a) directs the sheriff's department regarding loose livestock.
The county sheriff shall give notice to the owner within 24 hours after taking such livestock into custody. The owner has 10 days to claim and pay all actual costs for capturing, keeping, and feeding the livestock.
If the owner fails to claim the livestock and pay the costs within the 10-day period, the county sheriff can sell the animals, retain actual costs, and deposit the remaining in a special county account.
K.S.A. 47-230, states any person may "take up" any stray found upon his premises, or upon any public thoroughfare, and shall report it to the sheriff's department within 24 hours.
The person who takes the stray shall describe the stray by stating the kind of animal, color, weight, size, sex, age, marks, brands, or other distinguishing features, and the location the animal was captured.
The sheriff's office then notifies owners of record of same breeds. When the owner is located, the owner shall pay costs to the person who took-up the animal and any damages the animal may have caused.
"Our number one concern is public safety," Becker said, and makes sure his department provides that service.
