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Hawaii Statewide Rule

Hawaii Stray-Livestock Trespass Liability (HRS §142-63)

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute
HRS ch. 142, Part III
Liability
Full proven damage (strict)
Covered animals
Cattle, horses, swine, sheep, goats
Enforcement
Impound after owner notice
Poultry/chickens
Not covered by ch. 142
Last verified: July 31, 2026

Summary

Hawaii makes livestock owners strictly liable for damage their animals cause when straying onto cultivated land, roads, or others' property. Under HRS §142-63 and §142-64 the owner pays the full proven loss whether the land is fenced or unfenced, and trespassing animals may be impounded until charges are paid.

§142-63 Trespass on fenced cultivated land. If any cattle, horse, mule, ass, swine, sheep, or goat, trespasses on any properly fenced cultivated ground, the owner thereof shall pay upon proof, the full amount of the damage or loss to the landowners, or to any person in possession of the land, whoever suffers the damage or loss.

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Full Breakdown

Chapter 142, Part III of the Hawaii Revised Statutes governs stray and trespassing livestock statewide. Section 142-63 imposes strict liability: if cattle, a horse, mule, ass, swine, sheep, or goat trespasses on properly fenced cultivated ground, the owner must pay the full proven damage. Section 142-64 extends that liability to unfenced cultivated land, and §142-66 reaches animals straying onto public roads. Under §142-71 a landowner who takes up trespassing animals must notify a known owner before impounding; §142-68 adds fines for continued trespass. Poultry and feral chickens fall outside this owner-liability scheme.

Violations & Penalties

Owners pay the full proven damage under §142-63 and §142-64; straying animals may be lawfully impounded under §142-71, and §142-68 imposes additional fines for continued or repeated trespass.

Frequently Asked Questions

Are feral chickens covered by HRS chapter 142?
No. Chapter 142 governs owned livestock: cattle, horses, mules, swine, sheep, and goats. Feral chickens have no owner to hold liable, so they fall outside this trespass-and-impound scheme.
Who pays when livestock damage a neighbor's crops in Hawaii?
The animal's owner. Under HRS §142-63 and §142-64 the owner must pay the full proven damage or loss, whether the cultivated land was fenced or unfenced.
Can a landowner impound stray livestock?
Yes. Under HRS §142-71 the landowner may take up trespassing animals but must immediately notify a known owner of the charges before impounding; §142-72 lets the owner dispute the charges.

Sources

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