OklahomaHorses Magazine November 2021

November/December 2021 • OklahomaHorses 25 § 85.4. If someone shows up at your prop- erty claiming to be the owner of the horse, you must notify the sheriff of the ownership claim, and then the sheriff will undertake an investigation to determine the legitimacy of that ownership claim. Id. Only upon the authorization by the sheriff can you release the estray animal to the individual claiming to be the owner. Id. In this scenario, you must seek approval of the county district judge for compensation of your expenses and damages, and after court approval, the compensation is entered on the order by the sheriff to be paid before the owner may take possession of the horse. Id. Third, it is the duty of the county sheriff to assist with finding the owner of the estray horse and if necessary, secure suitable housing of the animal until the owner is located. Okla. Stat. tit. 4, § 85.5. If the owner cannot be located or the owner is located but fails to compensate for the care and keep of the horse and property dam- age, the county sheriff will sell the horse at the nearest licensed slaughter facility or licensed/federally inspected livestock auction market. Okla. Stat. tit. 4, §§ 85.5 and 85.6. After deducting all expenses from the proceeds, the net proceeds, if any, are paid to the owner or the county treasurer if the owner is unknown. Id. If no claim is made within a year by the rightful owner, the net proceeds are deposited into the County General Fund. Id. However, before a horse can be sold , the county sheriff must publish, in two (2) consecutive weekly newspaper publications, a notice of sale in a newspaper having circulation in the county where the estray horse was found. Id. Fourth, if after the publications, more than one individual claims the estray horse, the small claims division of the County District Court will decide the ownership. Okla. Stat. Ann. tit. 4, §§ 85.7. And most importantly , if you take up an estray horse but fail to follow the law for reporting the estray animal to the county sheriff and keep or sell the horse yourself, you are guilty of the “felony of larceny of domestic animal” and are subject to criminal penalties. Okla. Stat. Ann. tit. 4, §§ 85.11. So, in conclusion, if an estray horse shows up on your property, provide adequate food and care to the horse; conduct a reason- able investigation as to the rightful owner; contact your county sheriff within seven days; keep good records of all your expens- es incurred taking care of the horse; and document any damage to your property the horse may have caused. Failure to follow the law on taking up and caring for an estray horse can result in felony charges! This article does not constitute legal advice and is intended to be used for educational purposes only. ABOUT THE AUTHOR MaryWestman is an Oklahoma attorney with an MBA, Quarter Horse and Morgan horse breeder and registered nurse. A native of West Virginia, she now lives with her husband, David, in Norman, Oklahoma. She can be con- tacted at mpwestman@perridunn.com © Mary Westman 2021. All Rights Reserved. 1 Okla. Stat. Ann. tit. 4, § 85.2 2 “As used in this act, ‘domestic animals’ shall include all domestic animals including, but not limited to, cattle, bison, hogs, sheep, goats, equidae, chickens or other poultry and exotic livestock. The term ‘domestic animals’ shall [for purposes of this act] not include dogs and cats.” Okla. Stat. Ann. tit. 4, § 85.1