OklahomaHorses Magazine November 2021

24 OklahomaHorses • November/December 2021 by Mary Westman, Esq. H orses, like other livestock, can and do escape from their pastures and/ or barn. Usually, it doesn’t take long for the owner to come in search of his or her escapee. But what do you do if a horse wanders onto your property, and the owner is nowhere to be found? According to Oklahoma law, “any domestic animal found running at large upon public or private lands in the State of Oklahoma, whose owner is unknown in the vicinity of the premises where found, shall be known as an ‘estray.’” 1 Unless you follow the law for “taking up and keeping” an estray domestic animal 2 , you can find your- self in violation of the law. Lastly, if you do take up an estray horse, you must provide adequate feed and care until the county sheriff relieves you of that duty. Okla. Stat. tit. 4, § 85.10. To begin, if you “take up” an estray horse, you must make a “reasonable” investigation as to the rightful owner. Okla. Stat. tit. 4, § 85.3. If you find out who the owner is, you have the right to demand payment for the expenses incurred to care and keep the horse, as well as compensation for property damage the horse may have caused. Id. Within seven days of taking up the estray horse, you are required to make a report to the county sheriff that you have possession of an estray horse. Id. Your report should include a description of the horse; your efforts to locate the owner; expenses you have incurred in caring and keeping the horse; damage to your property caused by the estray horse; and if the owner is known but refuses to compensate you, the name of the owner and the fact the owner will not compensate you for your expenses and property damage. Id. Second, once you have notified the sheriff you have taken up an estray horse, you may lawfully hold the horse until relieved of cus- tody by the county sheriff. Okla. Stat. tit. 4, Estray Horse on Your Property: What must you do?