3-1298. Herding sheep or goats on land or water
of another without consent; classification
A. A person owning or having charge of sheep or goats who knowingly herds or
permits them to be herded on lands lawfully owned or possessed by another without the
express consent of the other person, or recklessly allows the sheep or goats to camp at
any water developed and owned or leased by another without the express consent of the
owner or lessee of the water, is guilty of a class 2 misdemeanor.
B. The term "lawfully owned or possessed" applies to all land owned in fee or held
under lease, contract of purchase, pre-emption, homestead or other law of the United
States or the state.
C. The instrument evidencing the possessory right to lands held other than by
virtue of the laws of the United States or of the state shall be recorded in the office
of the county recorder of the county in which the land is located before complaint may be
made.
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