2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 18 - General Animal Regulations › Section 77-18-2 - Seizure and disposition of cruelly treated livestock.

A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock.
B. On a showing of probable cause to believe that the livestock are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock.
C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing.
D. For livestock that is not an equine:
(1) if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction; provided that if the livestock are ordered sold, the sale shall occur within ten days of the order; and further provided that if the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner;
(2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock are sold at fair market value, including acceptance of reasonable bids or sale at auction; provided that a bid by the owner of the livestock or the owner's representative shall not be accepted; and
(3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale; provided that from these proceeds, the court shall pay all expenses incurred in caring for the livestock while they were impounded and any expenses involved in their sale; and further provided that any excess proceeds of the sale shall be forwarded to the former owner; and further provided that if the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost.
E. For livestock that is an equine:
(1) if the court finds that the owner has cruelly treated the equine, the court shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; provided that:
(a) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; and
(b) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine;
(2) if the court finds that the owner has cruelly treated the equine and a registered equine rescue or retirement facility has been given the right of first refusal but the registered equine rescue or retirement facility is unable or unwilling to purchase the equine:
(a) the board shall auction the equine through a sealed-bid process administered by the board and established by rule;
(b) any proceeds from the sale less expenses incurred in caring for the equine while the equine was impounded shall be forwarded to the former owner;
(c) if the expenses incurred in caring for the equine exceed the proceeds from the sale, the court shall order the former owner to pay the additional costs; and
(d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and
(3) if the court does not find that the owner cruelly treated the equine, the court shall order the equine returned to the owner.
History:
Laws 1987, ch. 151, § 1; 1999, ch. 282, § 102; 2009, ch. 43, § 3; 2023, ch. 45, § 11.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised procedures for seizure and disposition of equine that have been cruelly treated; in Subsection C, added "All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing."; in Subsection D, deleted "All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing, and" and added "For livestock that is not an equine", and redesignated former Subsections E and F as Paragraphs D(2) and D(3), respectively; and added a new Subsection E.
The 2009 amendment,
effective June 19, 2009, in Subsection A, changed "magistrate court" to "court"; in Subsection C, added the first sentence; in Subsection D, added "including the district attorney"; and in Subsections E and F, changed "magistrate court" to "court".
The 1999 amendment,
effective July 1, 1999, deleted "by depriving them of necessary sustenance" following 'cruelly treated" in Subsections A and B, and made a similar deletion in Subsection D; in Subsection A, inserted "or other peace officer" near the beginning and"allegedly" near the end; in Subsection B, substituted "the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state" for "a time within ten days of the seizure for a hearing to determine whether the livestock are being so cruelly treated" in the first sentence, and added the last sentence; added the Subsection C and D designations, redesignating the subsequent subsections accordingly; in Subsection D, substituted "the sale of the livestock at fair market value or order humane destruction. If the livestock is ordered sold, the sale shall occur within ten days of the order" for "a public sale of the livestock to be held at the next scheduled sale or within ten days, and the court shall have the livestock delivered to a licensed sales ring for public auction"; in the first sentence of Subsection E, inserted "magistrate", and substituted "the board shall take proper action to ensure the livestock is sold at fair market value, including acceptance of reasonable bids or sale at auction" for "by auction, notice of the auction shall be posted on a public bulletin board where other public notices are posted for the city, town or county"; in Subsection F, substituted "former owner" for "owner convicted of so cruelly treating the livestock" in the second sentence, and added the last sentence; deleted former Subsection E, which defined "livestock"; and made stylistic changes throughout the section.