The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
3-1428 - Action to recover for damage done by livestock which break through lawful fence
3-1428. Action to recover for damage done by livestock which break through lawful fence
A. The owner or occupant of land enclosed by a lawful fence upon which damage of less than two hundred dollars has been done by livestock which has broken through the fence may bring an action to recover damages before a justice of the peace of the precinct in which the land is located, regardless of the place of residence of the owner of the livestock or the person having charge of the livestock at the time of trespass. If the amount of damage is two hundred dollars or more, the action may be brought in the superior court in the county where the land is located, regardless of the place of residence of the owner of the livestock or of the person having charge of the livestock at the time of the trespass.
B. If the plaintiff has possession of the livestock causing the damage complained of, and recovers judgment, the court shall, in addition to the personal judgment impress a lien on the livestock for the amount of the judgment, and order a sale thereof to discharge the lien.