{"data":{"id":"us-ky/krs-259.120","jurisdiction":"us-ky","citation":"KRS 259.120","heading":"Method of taking up and posting stray equines and stray cattle -- Fees.","body":"Stray equines and stray cattle shall be taken up and posted in the following manner:\n(1) (a) Documentation of stray equines shall be taken before a county\njudge/executive of the district, who shall administer to the taker -up an oath, in\nsubstance, that the equine was taken up by him or her as a stray and that he or\nshe has not defaced or altered the marks, brands, or other identifiers, including\nbut not limited to microchips or freeze brands, of the equine.\n(b) Documentation of stray cattle shall be taken before a county judge/executive\nof the district, who shall administer to the taker -up an oath, in substance that\nthe cattle were taken by him or her as strays on his or her premises within the\npreceding ten (10) days and that he or she has not defaced or altered the marks\nor brands of the cattle.\n(c) Duties of the county judge/executive pertaining to stray equines shall be to:\n1. Contract with a licensed veterinarian, who  shall document the stray\nequine's breed, color, sex, marks, brands, scars, and other distinguishing\nfeatures, perform a microchip scan, and identify the existence of lip\ntattoos, freeze brands, or microchips;\n2. Record the veterinarian's findings, the nam e and residence of the taker -\nup, and the location of the stray equine in a book to be kept by him or\nher for that purpose;\n3. Maintain documentation in electronic and paper format; and\n4. Send a copy of the documentation of the stray equine to the Office of\nState Veterinarian, who shall post notification on the Office of State\nVeterinarian's website. The Office of State Veterinarian shall post one\n(1) photograph of the stray equine's front view, including its head and\nfeet, and one (1) photograph of the stray equine's side view from muzzle\nto tail.\n(d) Pertaining to stray equines, the county judge/executive:\n1. May contract, subject to approval by the county legislative body, with\none (1) or  more 501(c)(3) organizations that provide animal sheltering\nservices to perform those duties listed under this subsection and\nsubsection (2) of this section in lieu of the county judge/executive; and\n2. Shall be immune from criminal liability and civil li ability under KRS\n259.140 for any discretionary act related to the taking up and posting of\nstray equines, including but not limited to any care, treatment, or\npopulation control measures, including immunocontraception, related to\nthe equines that are taken up;\n(2) The county judge/executive shall give to the taker -up a copy of the documentation\nfor the record and immediately deliver to the county clerk a certified copy of the\nsame record;\n(3) The clerk shall immediately record the stray certificate of the county\njudge/executive as provided by the taker -up in a book to be kept by him or her for\nthat purpose;\n(4) The taker -up shall immediately post a copy of the county judge/executive's\ncertificate in the sheriff's office with jurisdiction over the area where  the stray cattle\nor stray equine was taken up after he or she has posted the stray. Hold time for stray\nequines shall begin after all documentation has been properly filed and posted by\nthe county judge/executive and taker-up; and\n(5) (a) If ownership is found from identifiers of the stray equine such as lip tattoos,\nfreeze brands, or microchips, efforts shall be made by the county/judge\nexecutive or his or her designee to ascertain the owner by investigatory due\ndiligence in locating the owner and providi ng notice before holding time\nexpires. The owner/claimants of the stray equine shall reimburse the county\njudge/executive for the cost of the veterinarian's assessment per the contracted\nagreement.\n(b) The taker-up shall be paid by the owner of the stray, if and when he or she\nclaims the stray or its value, the actual itemized costs incurred by the taker -up\nfor keeping the stray equine or cattle. In the event that a dispute arises relating\nto ownership, adverse claimants, third -party claims or liens, value of the\nequine, or actual itemized expenses incurred, the parties may file an action in\na court of competent jurisdiction of the county in which the stray equine was\ntaken up. The filing of an action under this paragraph shall toll holding time\nas to vesting of ownership interests.\n(c) The taker-up may have the stray equine sterilized only after the fifteen (15)\nday holding period has expired and ownership vested pursuant to KRS\n259.130, and any pending court cases pertaining to the stray equine have been\nresolved.","path":["KRS Chapter 259"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57385","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:08Z","sha256":"e26644c31a32e68363e23927d47f25be9e08a7e720599afeec3d6af266df412e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-259.110","next":"us-ky/krs-259.130"},"notice":"GroundRules: Original legal text. Not legal advice."}