Iowa law provides that local governments can collect fees and costs associated with the investigation of neglected livestock. However, for a local government to recover, the correct procedure must be followed. That was the point of law at issue in this case.
Here, the defendant owned three male Belgian draft horses. The defendant did not live where the horses were boarded, and in early 2007 his son called the Benton County Sheriff’s office to report the horses were not being watered or fed. A deputy made an investigation and, based on what he found, had the County Attorney prepare an application for a search warrant. The warrant was issued and the deputy returned to the property with a veterinarian. The horses were found to be dehydrated and underweight, and one of them was in serious distress. None of them had access to unfrozen water, their hooves had been neglected and two the horse’s noses were injured from halters that had become imbedded in their skin. One horse had a frostbitten penis and another horse’s leg was swollen and lame. There were no human footprints in the snow, so no one had been to the premises in the recent past. The horses were given water and the veterinarian prepared a report which concluded that the horses were neglected, severely underweight and had untreated medical conditions. The vet’s report also recommended that the horses be removed from the property. As a result, the deputy began making arrangements for the horses to be taken to an equine clinic.
The County Attorney filed a petition requesting the district court to make a determination as to whether the horses were “neglected livestock” under Iowa law and, if so, assess costs against the defendant for the amount the County incurred in caring for the horses. The defendant claimed that the County had not followed the requirements of Iowa law – the County did not bring legal action within ten days of the “rescue” of the horses; did not provide the required notice; and did not recognize the ownership interest of his wife in the horses. The trial court found that the horses met the statutory definition of being neglected and were properly rescued. The court ordered that the horses either be sold or adopted and that the defendant owed $4,132.92 for the care and maintenance of the horses, attorney fees and costs of the investigation. The defendant appealed.
On appeal, the defendant continued to maintain that the County should have given him the opportunity to correct the problem. However, the court noted that Iowa Code 717.2A(1)(c)(3) allows a “local authority” to immediately rescue livestock without providing notice upon receipt of a vet’s statement that the livestock are neglected. The defendant also claimed that “local authority” meant the county attorney and not the sheriff’s office. Because the defendant hadn’t raised that issue at the trial court level, the appellate court didn’t have to address it. Accordingly, the appellate court affirmed the trial court’s decision. Benton County v. Underwood, No. 8-225/07-0711, 2008 Iowa App. LEXIS 311 (Iowa Ct. App. May 14, 2008).