Nevada Statewide Rule
Nevada Open-Range Law: Livestock Trespass Liability (NRS 569.440)
Key Facts
- Statute
- NRS 569.440
- Rule type
- Open range / fence-out
- Repeat trespass
- Double damages
- Enforcing agency
- Nevada Dept. of Agriculture
- Injuring stock
- Landowner liable to owner
Summary
Nevada is a fence-out, open-range state. Under NRS 569.440, a livestock owner is liable for trespass only when animals break through a legal fence enclosing your property. Without a legal fence, the burden falls on the landowner to keep livestock out.
NRS 569.440 Liability caused by trespassing livestock... (a) If any livestock break into any grounds enclosed by a legal fence, the owner or manager of the livestock is liable to the owner of the enclosed premises for all damages sustained by the trespass... (b) If any owner or occupier of any grounds or crops trespassed upon by livestock... kills, maims or materially injures the livestock so trespassing, the owner or occupier of the grounds or crops is liable to the owner of the livestock for all damages, and for the costs accruing from a suit for such damages.
Full Breakdown
NRS 569.440 sets Nevada's open-range rule statewide. If livestock break into grounds enclosed by a legal fence, the owner or manager is liable to the premises owner for all damages from the trespass, and for double damages on the second and every subsequent offense. But the statute cuts both ways: if you kill, maim, or materially injure trespassing livestock, whether your ground is legally fenced or not, you are liable to the animal's owner for all damages plus the costs of a suit to recover them. Trespassing livestock may also be treated as estrays. The Nevada Department of Agriculture administers estray and livestock matters under Title 50.
Violations & Penalties
A landowner who kills, maims, or materially injures trespassing livestock is liable to the owner for all damages plus the costs of any suit brought to recover them.
Frequently Asked Questions
Do I need a fence to recover for livestock damage in Nevada?
Can I shoot livestock that wander onto my property?
What happens on repeat trespass?
Sources
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