Nebraska Statewide Rule
Nebraska Livestock at Large: Owner Herd-Law Liability
Key Facts
- Statute
- Neb. Rev. Stat. 54-401, 54-402
- Covered stock
- Cattle, horses, mules, swine, sheep, goats
- Owner liability
- All trespass damages
- Landowner remedy
- Lien plus civil action
- Fence exception
- Negligent/willful fence damage
Summary
Under Nebraska's herd law, owners of cattle, horses, mules, swine, sheep, and goats are liable for all damage their stock does when it runs at large onto another person's land (Neb. Rev. Stat. 54-401, 54-402).
The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land.
Full Breakdown
Nebraska Revised Statute 54-401 makes owners of cattle, horses, mules, swine, sheep, and goats liable for all damage their animals do on another's land, unless the landowner negligently or willfully damaged the division fence. Section 54-402 requires those damages be paid by the owner and grants the injured landowner a lien on the trespassing animals for the full amount of damages and costs, enforceable by civil action. The duty to restrain rests on the owner; failure to fence stock in is generally no defense.
Violations & Penalties
Owner pays all property damage caused by stock running at large; the landowner may impose a lien on the trespassing animals and sue civilly to collect damages and costs.
Frequently Asked Questions
Who pays when livestock strays onto a neighbor's land in Nebraska?
Can a landowner hold the trespassing animals until paid?
Does Nebraska excuse an owner whose stock escapes?
Sources
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