reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,125 - False documents; violation; penalty.

54-1,125.
False documents; violation; penalty.
(1) Any person who offers as evidence of ownership for any livestock sold, traded, or otherwise disposed of as provided in the Livestock Brand Act or section 54-415, any forged, altered, or otherwise falsely prepared document or form, knowing the same to be forged, altered, or otherwise falsely prepared, is guilty of the Class IV felony of criminal possession of a forged instrument as defined in section 28-604.
(2) Any person who forges, alters, or otherwise changes in any manner any of the forms or documents which are satisfactory evidence of ownership or any other form or document required by or provided for in the Livestock Brand Act or section 54-415, is guilty of second degree forgery as defined in section 28-603, and shall be punished in accordance with such section.
(3) Any person who knowingly misrepresents or misuses any certificate of inspection or other satisfactory evidence of ownership is guilty of a Class II misdemeanor.
Source
Laws 1999, LB 778, § 56.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,127 - Violations; arresting peace officer; powers.

54-1,127.
Violations; arresting peace officer; powers.
Whenever any person is arrested for a violation of the Livestock Brand Act or section 54-415 punishable as a misdemeanor, the arresting peace officer shall, except as otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle. The peace officer shall issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest, unless the person arrested demands an earlier hearing. Such person, if he or she so desires, has a right to an immediate hearing or a hearing within twenty-four hours at a convenient hour, such hearing to be before a magistrate within the county where such offense was committed. The peace officer shall thereupon, and upon the giving by such person of his or her written promise to appear at such time and place, forthwith release him or her from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting peace officer before the nearest or most accessible magistrate.
Source
Laws 1999, LB 778, § 58.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,128 - Brand with brand recorded or registered in another state; application for out-of-state brand permit; contents; fee; violation; penalty.

54-1,128.
Brand with brand recorded or registered in another state; application for out-of-state brand permit; contents; fee; violation; penalty.
(1) An owner may brand cattle with a brand recorded or registered in another state when:
(a) Cattle are purchased at a livestock auction market licensed under the Livestock Auction Market Act or congregated at another location approved by the Nebraska Brand Committee;
(b) The cattle will be imminently exported from Nebraska;
(c) The cattle are branded at the livestock auction market or other approved location; and
(d) An out-of-state brand permit has been obtained prior to branding the cattle.
(2) An application for an out-of-state brand permit shall be made to a brand inspector and shall include a description of the brand, a written application, and a fee not to exceed fifty dollars as determined by the Nebraska Brand Committee. A brand inspector shall evaluate and may approve an out-of-state brand permit within a reasonable period of time.
(3) Cattle branded under an out-of-state brand permit shall remain subject to all other brand inspection requirements under the Livestock Brand Act.
(4) A violation of this section is an infraction. A peace officer shall have the authority to write a citation, which shall be waivable, to offenders in violation of this section. A fine under this section shall not exceed two hundred dollars per head for each offense. Violations shall be charged in the county in which the offense occurred.
Source
Laws 2013, LB435, § 4;
Laws 2021, LB572, § 32.
Cross References
Livestock Auction Market Act, see section 54-1156.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,129 - Livestock auction market or packing plant; brand inspection; election to provide.

54-1,129.
Livestock auction market or packing plant; brand inspection; election to provide.
The owner or operator of any livestock auction market, as defined in section 54-1158, or packing plant located in any county outside the brand inspection area may voluntarily elect to provide brand inspection for all cattle brought to such livestock auction market or packing plant from within the brand inspection area upon compliance with sections 54-1,129 to 54-1,131.
Source
Laws 1963, c. 319, § 28, p. 972;
Laws 1987, LB 450, § 9;
Laws 1999, LB 778, § 76;
R.S.1943, (2010), § 54-1183;
Laws 2014, LB884, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,130 - Livestock auction market or packing plant; election; how made.

54-1,130.
Livestock auction market or packing plant; election; how made.
The election provided for by section 54-1,129 shall be made by (1) filing with the Secretary of State, in form to be prescribed by the secretary, a written notice of such election and agreement to be bound by section 54-1,131 and (2) posting conspicuously on the premises a notice of the fact that brand inspection is provided at such livestock auction market or packing plant.
Source
Laws 1963, c. 319, § 29, p. 973;
Laws 1987, LB 450, § 10;
R.S.1943, (2010), § 54-1184;
Laws 2014, LB884, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1,131 - Livestock auction market or packing plant; brand inspection; how conducted; fees; guarantee.

54-1,131.
Livestock auction market or packing plant; brand inspection; how conducted; fees; guarantee.
Inspection provided for in sections 54-1,129 to 54-1,131 shall be conducted in the manner established by the Livestock Brand Act. The owner or operator making such election may be required to guarantee to the Nebraska Brand Committee that inspection fees derived from such livestock auction market or packing plant will be sufficient, in each twelve-month period, to pay the per diem and mileage of the inspectors required and that he or she will reimburse the committee for any deficit incurred in any such twelve-month period. Such guarantee shall be secured by a corporate surety bond, to be approved by the Secretary of State, in a penal sum to be established by the Nebraska Brand Committee.
Source
Laws 1963, c. 319, § 30, p. 973;
Laws 1987, LB 450, § 11;
Laws 1999, LB 778, § 77;
Laws 2000, LB 213, § 11;
R.S.1943, (2010), § 54-1185;
Laws 2014, LB884, § 4.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-201.01 - Legislative intent.

54-201.01.
Legislative intent.
The Legislature hereby recognizes and declares that the livestock industry is an integral component in the economy of this state and that the continued viability of such industry is essential to the prosperity and well-being of all citizens of this state. The Legislature further recognizes that the livestock industry of this state provides food for the state, the nation, and the world, and that the benefits of a financially sound industry are far reaching. It is hereby declared to be the purpose of sections 54-201 and 54-201.01 to afford protection to those persons involved in the care and feeding of livestock in this state by providing some security of compensation for services rendered.
Source
Laws 1982, LB 962, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-209 - Lien satisfied; financing statement; termination.

54-209.
Lien satisfied; financing statement; termination.
When a lien created under section 54-201 or 54-208 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Source
Laws 1985, LB 606, § 16;
Laws 1988, LB 943, § 20;
Laws 1999, LB 550, § 38;
Laws 2001, LB 54, § 27;
Laws 2014, LB750, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-301 - Herd laws; stock grower, cattle drover, defined.

54-301.
Herd laws; stock grower, cattle drover, defined.
Every person who shall keep neat cattle, horses, mules, sheep, or goats, for their growth or increase within the state, shall be deemed a stock grower. Any person who shall drive or bring neat cattle into or through this state shall be deemed a cattle drover.
Source
Laws 1879, § 1, p. 67;
R.S.1913, § 96;
C.S.1922, § 104;
C.S.1929, § 54-301;
R.S.1943, § 54-301.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-302 - Driving off another's livestock; penalty.

54-302.
Driving off another's livestock; penalty.
Any cattle drover, or his employee, who shall drive off any neat cattle, horses, mules, or sheep belonging to another person, intentionally or through neglect, shall be guilty of a Class V misdemeanor.
Source
Laws 1879, § 2, p. 67;
R.S.1913, § 97;
C.S.1922, § 105;
C.S.1929, § 54-302;
R.S.1943, § 54-302;
Laws 1977, LB 39, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-303 - Herd laws; actions; proof of ownership.

54-303.
Herd laws; actions; proof of ownership.
In any indictment or complaint under sections 54-301 to 54-310, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle; and the proof of brand shall be deemed to be prima facie evidence of ownership of such stock.
Source
Laws 1879, § 3, p. 68;
R.S.1913, § 98;
C.S.1922, § 106;
C.S.1929, § 54-303;
R.S.1943, § 54-303.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-304 - Male animal running at large; liability of owner.

54-304.
Male animal running at large; liability of owner.
The owner of any stallion, jack, bull, buck, or boar shall restrain the same, and any person may take possession of any such animal running at large in the county in which such person resides, or in which he or she occupies or uses real estate. He or she shall give notice thereof to the sheriff or any constable in the county in which such animal is taken, who shall give notice to the owner of such animal, if known to him or her, by delivering a written notice to the owner, or leaving the same at his or her usual place of abode, giving a description of the animal so taken. If such owner does not appear within ten days after such notice to claim his or her property and pay costs and damages if any, then the sheriff or constable shall sell the animal so taken, at public auction to the highest bidder for cash, having given twenty days' notice of the time and place of sale, with a description of the property, by posting such notice in three public places in the township or precinct in which such animal was found at large. Out of the proceeds of such sale he or she shall pay all costs and any damages done by such animal, to be ascertained and determined by him or her, and the sheriff or constable shall pay the remainder, if any, into the county treasury for the use of the county. If legal proof is made to the county board by the owner of such animal of a right thereto at any time within one year of the sale, the county board shall order the proper amount to be paid to the owner by its warrant drawn for that purpose. If the owner, or any person for him or her, on or before the day of sale shall pay the costs thus far made and all damages, to be determined by the sheriff or constable if the parties cannot agree, and make satisfactory proof of ownership, the sheriff or constable shall release the animal to him or her. This remedy shall not be construed as a bar to any suit for damages sustained and not covered by the proceeds of the sale as hereinbefore provided.
Source
Laws 1879, § 4, p. 68;
Laws 1901, c. 3, § 1, p. 45;
R.S.1913, § 99;
C.S.1922, § 107;
C.S.1929, § 54-304;
R.S.1943, § 54-304;
Laws 1996, LB 299, § 25.
Annotations
The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
The duty imposed by this statute, unlike that of section 54-401, RRS1943, is not restricted to cultivated lands. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-305 - Cattle drover; duty to prevent trespassing animals.

54-305.
Cattle drover; duty to prevent trespassing animals.
Any person owning or having charge of any drove of cattle, horses or sheep, numbering one head or more, who shall drive the same into or through any county of Nebraska of which the owner is not a resident, or landowner, or stock grower, and when the land in said county is occupied, it shall be the duty of such owner or person in charge of such horses, cattle or sheep to prevent the same from mixing with the cattle, horses or sheep belonging to the occupiers. The owner shall also prevent the drove from trespassing on such land as may be the property of the actual occupier, or may be held by him under a preemption, or a leasehold right, and used by him for the grazing of animals, growing hay or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops.
Source
Laws 1879, § 5, p. 68;
R.S.1913, § 100;
C.S.1922, § 108;
C.S.1929, § 54-305;
R.S.1943, § 54-305.
Annotations
The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-306 - Cattle drover; trespassing; penalty; liability for damages.

54-306.
Cattle drover; trespassing; penalty; liability for damages.
If any owner or person in charge of any drove of cattle, horses or sheep shall willfully, carelessly or negligently injure any resident within the state by driving such drove from the public highways and herding the same on the lands occupied and improved by persons in possession of the same, he shall be deemed guilty of a Class V misdemeanor, and shall be liable for such damages as may be done to the property.
Source
Laws 1879, § 5, p. 69;
R.S.1913, § 100;
C.S.1922, § 108;
C.S.1929, § 54-305;
R.S.1943, § 54-306;
Laws 1977, LB 39, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-307 - Cattle drover; driving off another's livestock; liability.

54-307.
Cattle drover; driving off another's livestock; liability.
When the stock of any person shall be driven off its range within Nebraska against his will by the drovers of any drove, and the same shall be found in such drove, every person engaged as drover of such drove shall be liable for damages to the party injured to the amount of the full value of the animal for each head so driven off, together with all costs accruing in the trial of the cause, and the herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs.
Source
Laws 1879, § 6, p. 69;
R.S.1913, § 101;
C.S.1922, § 109;
C.S.1929, § 54-306;
R.S.1943, § 54-307.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-308 - Cattle drover; mixing of cattle; duty to separate; penalty.

54-308.
Cattle drover; mixing of cattle; duty to separate; penalty.
When the stock of any resident of the State of Nebraska shall mix with any drove of any animals, it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from such droves immediately. Every person, either owner or drover, or otherwise connected with such drove, who shall neglect to comply with the provisions of this section, shall be fined in any sum not exceeding one thousand dollars.
Source
Laws 1879, § 7, p. 69;
R.S.1913, § 102;
C.S.1922, § 110;
C.S.1929, § 54-307;
R.S.1943, § 54-308.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-309 - Cattle or sheep; hides; removal by other than owner; prohibited; exception.

54-309.
Cattle or sheep; hides; removal by other than owner; prohibited; exception.
It shall be unlawful for any person other than the owner or his agent or employee, to skin or remove from the carcass the skin, hide or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from stock so killed.
Source
Laws 1879, § 8, p. 70;
R.S.1913, § 103;
C.S.1922, § 111;
C.S.1929, § 54-308;
R.S.1943, § 54-309.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-310 - Herd laws; violations; rewards; authorized.

54-310.
Herd laws; violations; rewards; authorized.
The county boards of the several counties may offer and pay rewards for the detection of those violating sections 54-301 to 54-309.
Source
Laws 1879, § 9, p. 70;
R.S.1913, § 104;
C.S.1922, § 112;
C.S.1929, § 54-309;
R.S.1943, § 54-310.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-311 - Wells and pitfalls; prohibited acts.

54-311.
Wells and pitfalls; prohibited acts.
It shall be unlawful for the owner or holder of any real estate in the State of Nebraska to leave uncovered any well or other pitfall into which any person or animal may fall or receive injury. Every pitfall shall be filled, adequately covered, or enclosed so as not to constitute a safety hazard. Every well not in use shall be decommissioned or properly placed in inactive status in accordance with the Water Well Standards and Contractors' Practice Act so as not to constitute a safety hazard.
Source
Laws 1897, c. 6, § 1, p. 46;
R.S.1913, § 105;
C.S.1922, § 113;
C.S.1929, § 54-310;
R.S.1943, § 54-311;
Laws 2003, LB 245, § 9;
Laws 2007, LB463, § 1173.
Cross References
Abandoned water wells:
Duty of licensed water well contractor to plug, see section 46-1234.
Duty of owner to decommission and notify Department of Natural Resources, see section 46-602.
Penalty for failure to decommission, see section 46-1240.
Standards for decommissioning, see section 46-1227.
Water Well Standards and Contractors' Practice Act, see section 46-1201.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-315 - Wells and pitfalls; violation; penalty.

54-315.
Wells and pitfalls; violation; penalty.
Any person who violates section 54-311 shall be guilty of a Class IV misdemeanor.
Source
Laws 1897, c. 6, § 4, p. 47;
R.S.1913, § 108;
C.S.1922, § 116;
C.S.1929, § 54-313;
R.S.1943, § 54-315;
Laws 2003, LB 245, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-401 - Estrays, trespassing animals; damages; liability.

54-401.
Estrays, trespassing animals; damages; liability.
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.
Source
Laws 1871, § 1, p. 120;
R.S.1913, § 109;
C.S.1922, § 117;
C.S.1929, § 54-401;
R.S.1943, § 54-401;
Laws 1983, LB 149, § 1;
Laws 1996, LB 1174, § 5;
Laws 2008, LB925, § 1.
Annotations
1. Persons liable
2. Lien
3. Remedies
4. Miscellaneous
1. Persons liable
Joint owners of herd are liable jointly. Wilson v. White, 77 Neb. 351, 109 N.W. 367 (1906).
Mortgagee, without possession, is not owner within meaning of statute. Goff v. Byers Bros. & Co., 70 Neb. 1, 96 N.W. 1037 (1903).
The term owners is construed to include depasturer. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).
2. Lien
Owner of land damaged by trespassing stock has lien thereon for damages done and for care and feed while impounded. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).
3. Remedies
Negligence of plaintiff in maintenance of division fence immaterial in action for damages by livestock upon cultivated lands. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).
Action for damages by stock ranging at large upon uncultivated land will not lie, but driving of animals thereon is actionable wrong. Meyers v. Menter, 63 Neb. 427, 88 N.W. 662 (1902).
Remedy herein is not exclusive, and common-law liability is not abrogated. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).
Injunction will lie to restrain threatened trespass of stock. State Bank of Nebraska of Seward v. Rohren, 55 Neb. 223, 75 N.W. 543 (1898).
Where owner drives his stock upon unenclosed and uncultivated lands of another he is liable for trespass. Delaney v. Errickson, 11 Neb. 533, 10 N.W. 451 (1881).
4. Miscellaneous
The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
A fenced pasture planted to wheat grass and not surrounded by a plowed strip constitutes "cultivated lands" for purposes of this statute. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).
Section is not applicable to uncultivated, unenclosed wild prairie lands of state. Delaney v. Errickson, 10 Neb. 492, 6 N.W. 600 (1880).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-402 - Trespassing animals; damages; lien.

54-402.
Trespassing animals; damages; lien.
All damages to property so committed by such stock running at large shall be paid by the owners of such stock; and the person, whose property is so damaged thereby, may have a lien upon such trespassing animals for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.
Source
Laws 1871, § 2, p. 120;
R.S.1913, § 110;
C.S.1922, § 118;
C.S.1929, § 54-402;
R.S.1943, § 54-402.
Annotations
The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
Burden of restraining domestic animals is upon owner and ordinarily no excuse for failure to restrain them is recognized. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).
Lien includes value of feed and care, together with damages to land. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).
Remedy afforded not exclusive. Object of statute was to give one injured right to possession of trespassing animals, lien thereon, and right to hold animals until damages were adjusted. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).
Lien attaches to stock trespassing on cultivated lands within cities of metropolitan class. Lingonner v. Ambler, 44 Neb. 316, 62 N.W. 486 (1895).
Damages may be recovered by owner of unenclosed land, but he has no lien on stock. Brown v. Sylvester, 37 Neb. 870, 56 N.W. 709 (1893).
Waiving of lien by surrender of possession of cattle does not prevent person injured from maintaining action for damages. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).
Remedy for trespass provided herein is cumulative and not exclusive. Keith & Barton v. Tilford, 12 Neb. 271, 11 N.W. 315 (1882).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-404 - Trespassing animals; distraint; damages; owner's failure to pay; sale.

54-404.
Trespassing animals; distraint; damages; owner's failure to pay; sale.
If the owner of such stock shall refuse, within forty-eight hours after having been notified in writing, to pay the damages claimed or appoint an arbitrator to represent his interests, the animal or animals shall be sold upon execution as required by law, when the amount of damages and costs have been filed with the county court of the county within which the damages have been sustained.
Source
Laws 1871, § 4, p. 121;
R.S.1913, § 112;
C.S.1922, § 120;
C.S.1929, § 54-404;
R.S.1943, § 54-404;
Laws 1972, LB 1032, § 259.
Cross References
Uniform Arbitration Act, applicability, see section 25-2602.01.
Annotations
Essentials of jurisdiction of justice of peace are stated. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
Issuance and service of summons are not necessary to give justice jurisdiction to issue execution, nor does void judgment destroy jurisdiction. Holmes v. Irwin, 17 Neb. 99, 22 N.W. 124 (1885), 22 N.W. 347 (1885).
Object of law is to afford speedy and inexpensive mode of ascertaining damages. Haggard v. Wallen, 6 Neb. 271 (1877).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-405 - Distraint; arbitrators; number; powers.

54-405.
Distraint; arbitrators; number; powers.
In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and, in case the two men chosen cannot agree, they shall choose a third man, and, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.
Source
Laws 1871, § 5, p. 121;
R.S.1913, § 113;
C.S.1922, § 121;
C.S.1929, § 54-405;
R.S.1943, § 54-405.
Cross References
Uniform Arbitration Act, applicability, see section 25-2602.01.
Annotations
Provisions of this section are not compulsory upon either party. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
Arbitrators' award is not a bar to action for negligence of distrainor. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).
Purpose of law is that taker-up of stock shall have a lien for only such damages as could be ascertained by arbitrators to be immediately appointed. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-406 - Distraint; arbitration award; enforcement; appeal.

54-406.
Distraint; arbitration award; enforcement; appeal.
The arbitrators shall make an award in writing, which, if not paid within five days after the award has been made, may be filed with the county court and shall operate as a judgment, which judgment shall be a lien upon the stock so distrained, and execution may issue upon such stock for the collection of such damages and costs as in other cases;
Provided,
either party may have an appeal from the judgment as in other cases in county court. The arbitrators shall be allowed two dollars each for their services.
Source
Laws 1871, § 6, p. 121;
R.S.1913, § 114;
C.S.1922, § 122;
C.S.1929, § 54-406;
R.S.1943, § 54-406;
Laws 1972, LB 1032, § 260.
Cross References
Uniform Arbitration Act, applicability, see section 25-2602.01.
Annotations
Owner of stock, after tendering the proper amount of damages sustained, may replevin the stock. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
Authority of arbitrators is merely to appraise damages and costs sustained by landowner. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).
Judgment on award may be appealed from. Sections of civil code relating to arbitration are not applicable. Holub v. Mitchell, 42 Neb. 389, 60 N.W. 596 (1894).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-407 - Estrays; owner unknown; procedure.

54-407.
Estrays; owner unknown; procedure.
In case the owner of such stock is not known or found in the county, the distrainor of the stock so trespassing upon lands shall proceed as provided by law regulating estrays and the stock shall be held liable for all damages and costs.
Source
Laws 1871, § 7, p. 121;
R.S.1913, § 115;
C.S.1922, § 123;
C.S.1929, § 54-407;
R.S.1943, § 54-407;
Laws 1996, LB 1174, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-416 - Feral swine; applicability of sections; destruction; when.

54-416.
Feral swine; applicability of sections; destruction; when.
The duties and liabilities imposed by sections 54-401 to 54-415 do not apply in the case of estray or trespass of feral swine as defined in section 37-524.01. Feral swine may be destroyed as provided in section 37-524.01.
Source
Laws 2005, LB 20, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-502 - Terms, defined.

54-502.
Terms, defined.
For purposes of the Food Supply Animal Veterinary Incentive Program Act:
(1) Department means the Department of Agriculture;
(2) Food supply animal includes cattle, hogs, sheep, goats, and poultry;
(3) Food supply animal veterinarian means a veterinarian who is engaged in general or food supply animal practice as his or her primary focus of practice and who has a substantial portion of his or her practice devoted to food supply animal veterinary medicine;
(4) Program means the Food Supply Animal Veterinary Incentive Program; and
(5) Rural mixed animal veterinary practice means practice as a food supply animal veterinarian in a rural area and a substantial portion of the practice involves food supply animal veterinary practice.
Source
Laws 2008, LB1172, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-503 - Program; participation; incentives.

54-503.
Program; participation; incentives.
Each year the department shall select from a pool of applicants up to four veterinarians to participate in the program. The selected veterinarians are eligible to receive up to eighty thousand dollars under the program as an incentive to locate in rural Nebraska and practice food supply animal veterinary medicine.
Source
Laws 2008, LB1172, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-504 - Applicant; eligibility; preference.

54-504.
Applicant; eligibility; preference.
(1) To be eligible for funds under the program, an applicant shall:
(a) Be a graduate of an approved veterinary medical school;
(b) Be licensed to practice veterinary medicine in this state;
(c) Enter into a contract with the department to provide full-time veterinary medicine services as a food supply animal veterinarian in a food supply animal veterinary practice or in a rural mixed animal veterinary practice for four years in one or more communities approved by the department; and
(d) Be accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services to provide services relating to food supply animals by the end of the first year of service.
(2) The department shall give preference for approving communities for purposes of subdivision (1)(c) of this section to communities located in areas designated by the department as shortage areas for food supply animal veterinary medical services. In designating such areas, the department may initially utilize shortage areas as designated by the American Veterinary Medical Association on July 18, 2008, and may revise designations as necessary and appropriate to achieve the purposes of the program.
Source
Laws 2008, LB1172, § 4.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-505 - Distribution of program funds.

54-505.
Distribution of program funds.
(1) To the extent that funds are available, program funds shall be distributed as follows:
(a) After completing the first year of service under the contract, the veterinarian is eligible to receive up to fifteen thousand dollars;
(b) After completing the second year of service under the contract, the veterinarian is eligible to receive up to fifteen thousand dollars;
(c) After completing the third year of service under the contract, the veterinarian is eligible to receive up to twenty-five thousand dollars; and
(d) After completing the fourth year of service under the contract, the veterinarian is eligible to receive up to twenty-five thousand dollars.
(2) If the veterinarian does not complete an entire year of service or if sufficient funds are not available to provide the full dollar amount of incentive in a year, the amount distributed under this section for that year shall be prorated.
Source
Laws 2008, LB1172, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-506 - Release from program; when; recovery of payments.

54-506.
Release from program; when; recovery of payments.
(1) A veterinarian shall be released from the program contract without penalty if:
(a) The veterinarian has completed the service requirements of the contract;
(b) The veterinarian is unable to complete the service requirements of the contract because of a permanent physical disability;
(c) The veterinarian demonstrates extreme hardship or shows other good cause justifying the release; or
(d) The veterinarian dies.
(2)(a) A veterinarian shall be released from further performance of veterinary services under the program contract if he or she is unable to perform his or her contractual obligations to provide veterinary services due to the suspension or revocation of his or her federal accreditation or denial, refusal of renewal, limitation, suspension, revocation, or other disciplinary measure taken against his or her license to practice in Nebraska pursuant to section 71-1,163 until December 1, 2008, and section 38-3324 on and after December 1, 2008.
(b) If a veterinarian is released from his or her contract pursuant to subdivision (a) of this subsection, the department may recover a portion of or all of the payments made to such veterinarian under section 54-505. The department shall remit any such funds to the State Treasurer for credit to the Food Supply Animal Veterinary Incentive Fund. The department may use appropriate remedies available to enforce this subdivision.
(3) The State of Nebraska shall be released from any further obligation under the Food Supply Animal Veterinary Incentive Program Act or any contract entered into with a veterinarian under the act if the veterinarian is released from the program pursuant to this section.
Source
Laws 2008, LB1172, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-507 - Food Supply Animal Veterinary Incentive Fund; created; use; investment.

54-507.
Food Supply Animal Veterinary Incentive Fund; created; use; investment.
The Food Supply Animal Veterinary Incentive Fund is created. The fund may be used to carry out the purposes of the Food Supply Animal Veterinary Incentive Program Act. The State Treasurer shall credit to the fund any money appropriated to the fund by the Legislature and any money received as gifts or grants or other private or public funds received under the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2008, LB1172, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-602 - Dogs owned by different persons; joint liability.

54-602.
Dogs owned by different persons; joint liability.
If two or more dogs owned by different persons shall kill, wound, chase or worry any sheep or other domestic animal, such persons shall be jointly and severally liable for all damage done by such dogs.
Source
Laws 1877, § 2, p. 156;
R.S.1913, § 173;
C.S.1922, § 170;
C.S.1929, § 54-602;
R.S.1943, § 54-602.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-603 - License tax; amount; service animal; license; additional fee; county, city, or village; collect fee; disposition.

54-603.
License tax; amount; service animal; license; additional fee; county, city, or village; collect fee; disposition.
(1) Any county, city, or village shall have authority by ordinance or resolution to impose a license tax, in an amount which shall be determined by the appropriate governing body, on the owner or harborer of any dog or dogs, to be paid under such regulations as shall be provided by such ordinance or resolutions.
(2) Every service animal shall be licensed as required by local ordinances or resolutions, but no license tax shall be charged. Upon the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of a license tax as prescribed by local ordinances or resolutions.
(3) Any county, city, or village that imposes a license tax on the owner or harborer of any cat or cats or any dog or dogs under this section shall, in addition to the license tax imposed by the licensing jurisdiction, collect from the licensee a fee of one dollar and twenty-five cents. The person designated by the licensing jurisdiction to collect and administer the license tax shall act as agent for the State of Nebraska in the collection of the fee. From each fee of one dollar and twenty-five cents collected, such person shall retain three cents and remit the balance to the Department of Agriculture. The department shall then remit such balance to the State Treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund. If the person collecting the fee is the licensing jurisdiction, the three cents shall be credited to the licensing jurisdiction's general fund. If the person collecting the fee is a private contractor, the three cents shall be credited to an account of the private contractor. The remittance to the Department of Agriculture shall be made at least annually at the conclusion of the licensing jurisdiction's fiscal year, except that any licensing jurisdiction or private contractor that collects fifty dollars or less of such fees during the fiscal year may remit the fees when the cumulative amount of fees collected reaches fifty dollars.
Source
Laws 1877, § 3, p. 156;
R.S.1913, § 174;
C.S.1922, § 171;
C.S.1929, § 54-603;
R.S.1943, § 54-603;
Laws 1976, LB 515, § 2;
Laws 1997, LB 814, § 7;
Laws 2008, LB806, § 13;
Laws 2010, LB910, § 3;
Laws 2015, LB360, § 12;
Laws 2021, LB509, § 4.
Cross References
For other provisions authorizing municipalities to impose license tax on dogs, see sections 14-102, 15-220, 16-206, and 17-526.
Annotations
In action against county for loss of sheep killed by dogs, based on statute giving new remedy and prescribing prerequisite conditions, plaintiff must allege that conditions have been performed. McCullough v. Colfax County, 4 Neb. Unof. 543, 95 N.W. 29 (1903).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-604 - Dogs; killing; when permitted.

54-604.
Dogs; killing; when permitted.
Any person shall have the right to kill any dog found doing any damage as mentioned in sections 54-601 and 54-602 to any sheep or domestic animal, or if he shall have just and reasonable ground to believe that such dog has been killing, wounding, chasing or worrying such sheep or animal; and no action shall be maintained for such killing.
Source
Laws 1877, § 4, p. 156;
R.S.1913, § 175;
C.S.1922, § 172;
C.S.1929, § 54-604;
R.S.1943, § 54-604.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-605 - Dogs; collar required.

54-605.
Dogs; collar required.
It shall be the duty of every owner or owners of any dog or dogs to securely place upon the neck of such dog or dogs a good and sufficient collar with a metallic plate thereon. The plate shall be plainly inscribed with the name of such owner.
Source
Laws 1877, § 5, p. 157;
R.S.1913, § 176;
C.S.1922, § 173;
C.S.1929, § 54-605;
R.S.1943, § 54-605;
Laws 1990, LB 50, § 12.
Annotations
Dog under control of owner is not running at large. Brown v. Graham, 80 Neb. 281, 114 N.W. 153 (1907).
Dog is running at large when he leaves the owner's premises or goes upon the public road, and no one having control of him is near. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-606 - Dogs; collarless; who deemed owner.

54-606.
Dogs; collarless; who deemed owner.
Every person who shall harbor about his or her premises a collarless dog for the space of ten days shall be taken and held as the owner, and shall be liable for all damages which such dog shall commit.
Source
Laws 1877, § 6, p. 157;
R.S.1913, § 177;
C.S.1922, § 174;
C.S.1929, § 54-606;
R.S.1943, § 54-606.
Annotations
Dog that assails people along a public road is a nuisance and may be killed by person assailed. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-607 - Dogs; running at large; penalty.

54-607.
Dogs; running at large; penalty.
The owner of any dog running at large for ten days without a collar as required in section 54-605 shall be fined an amount not to exceed twenty-five dollars.
Source
Laws 1877, § 7, p. 157;
R.S.1913, § 178;
C.S.1922, § 175;
C.S.1929, § 54-607;
R.S.1943, § 54-607;
Laws 2008, LB1055, § 8.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-608 - Dogs in counties having a population of 80,000 inhabitants or more; responsibilities of owners.

54-608.
Dogs in counties having a population of 80,000 inhabitants or more; responsibilities of owners.
In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, it shall be unlawful for any person, firm, partnership, limited liability company, or corporation to have any dog which is owned, kept, harbored, or allowed to be habitually in or upon premises occupied by him, her, or it or under his, her, or its control to be at large.
Source
Laws 1961, c. 268, § 2, p. 787;
Laws 1988, LB 630, § 1;
Laws 2008, LB1055, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-610 - Dogs in counties having a population of 80,000 inhabitants or more; poundmaster; duties; filing complaint.

54-610.
Dogs in counties having a population of 80,000 inhabitants or more; poundmaster; duties; filing complaint.
In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, whenever complaints are made to the poundmaster or the person or corporation performing the duties of poundmaster that a dog is at large, it shall be the duty of such poundmaster, person, or corporation to investigate such complaint. If upon such investigation it appears that the complaint is founded upon facts, it shall be the duty of such poundmaster, person, or corporation to take such dog into custody and he, she, or it may file or cause to be filed a complaint in the county court against such person, firm, partnership, limited liability company, or corporation owning, keeping, or harboring such dog charging a violation of section 54-601 or 54-608.
Source
Laws 1961, c. 268, § 4, p. 787;
Laws 1988, LB 630, § 3;
Laws 1988, LB 801, § 1;
Laws 1993, LB 121, § 338;
Laws 2008, LB1055, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-611 - Dogs in counties having a population of 80,000 inhabitants or more; convictions; disposition of offending dog; costs.

54-611.
Dogs in counties having a population of 80,000 inhabitants or more; convictions; disposition of offending dog; costs.
In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, if upon final hearing the defendant is adjudged guilty of any violation of section 54-601 or 54-608, the court may, in addition to the penalty provided in section 54-613, order such disposition of the offending dog as may seem reasonable and proper. Disposition includes sterilization, seizure, permanent assignment of the dog to a court-approved animal shelter or animal rescue as such terms are defined in section 28-1018, or destruction of the dog in an expeditious and humane manner. Reasonable costs for such disposition are the responsibility of the defendant.
Source
Laws 1961, c. 268, § 5, p. 787;
Laws 1988, LB 630, § 4;
Laws 1988, LB 801, § 2;
Laws 2008, LB1055, § 11;
Laws 2010, LB910, § 4.
Annotations
Because restitution is imposed as punishment and is part of the criminal sentence, a dispositional order pursuant to this section is akin to a sentencing order, and an appellate court reviews the order for an abuse of discretion. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).
The provision in this section that allows the court to order disposition of an offending dog is similar to section 29-2280, which allows a court to order restitution to the victim of a crime. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-613 - Violations; penalties.

54-613.
Violations; penalties.
Any person in violation of section 54-601 or 54-608 shall be deemed guilty of a Class IV misdemeanor.
Source
Laws 1961, c. 268, § 7, p. 788;
Laws 1977, LB 39, § 20;
Laws 1988, LB 630, § 5;
Laws 1988, LB 801, § 3;
Laws 2008, LB1055, § 12.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-614 - County; license tax; regulate dogs running at large; appeal process.

54-614.
County; license tax; regulate dogs running at large; appeal process.
(1) A county may collect a license tax in an amount which shall be determined by the appropriate governing body from the owners and harborers of dogs and may enforce such tax by appropriate penalties. A county may impound any dog if the owner or harborer shall refuse or neglect to pay such license tax. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals.
(2) A county may regulate or prohibit the running at large of dogs, adopt regulations to guard against injuries or annoyances therefrom, and authorize the destruction, adoption, or other disposition of such dogs when running at large contrary to the provisions of this subsection or any regulations adopted in accordance with this subsection. A county adopting regulations in accordance with this subsection shall provide for an appeal process with respect to such regulations.
Source
Laws 1963, c. 104, § 1, p. 429;
Laws 1986, LB 1063, § 1;
Laws 1997, LB 814, § 8;
Laws 2008, LB806, § 14;
Laws 2008, LB1055, § 13.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-615 - County; impound dog; cost and penalties.

54-615.
County; impound dog; cost and penalties.
A county may impound any dog deemed to be running at large. The owner of such dog shall pay the reasonable cost and penalties provided for the violation of such prohibition, including the expense of impounding and keeping the dog.
Source
Laws 1963, c. 104, § 2, p. 429;
Laws 2008, LB1055, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-616 - County; pounds; erection; keepers; compensation; rules and regulations.

54-616.
County; pounds; erection; keepers; compensation; rules and regulations.
A county may provide for the erection of any pounds needed within the county, appoint and compensate keepers thereof, and establish and enforce rules governing such pounds.
Source
Laws 1963, c. 104, § 3, p. 430;
Laws 2008, LB1055, § 15.