81-4-220. Marking -- right of action against trespassing stock. A person owning or possessing agricultural or grazing land or patented or unpatented mining claims lying within the national forest reserves of this state or on the public range lying adjoining to any national forest reserve, the boundaries of which lands are not marked as required by the provisions of 81-4-218 through 81-4-220, may not have any claim or cause of action or right of action against the owner of sheep, cattle, or other livestock under the charge of a herder for trespass committed by the livestock upon that land, and this is the rule regardless of whether the trespassing livestock strayed on the land on their own inclination and without being driven or whether the livestock were herded or driven on the land. However, a person or persons may not claim exemption for trespassing under the provisions of this section if the person or persons have actual knowledge of the boundary lines of lands referred to in this section. Damages, other than nominal damages, may not be assessed against the trespass unless the landowner or the landowner's duly authorized agent, within 6 months after the trespass has been committed, gives the trespasser written notice demanding a sum certain for damages sustained by reason of the trespass.

History: En. Sec. 3, Ch. 222, L. 1921; re-en. Sec. 3382, R.C.M. 1921; amd. Sec. 1, Ch. 78, L. 1927; re-en. Sec. 3382, R.C.M. 1935; amd. Sec. 2, Ch. 31, L. 1963; R.C.M. 1947, 46-1413; amd. Sec. 2651, Ch. 56, L. 2009.