23A-8-301. Crop damage by pheasants -- Notice to division -- Damages for destroyed crops -- Limitations -- Appraisal.

226 words·~1 min read·/ut/title-23a/chapter-8/23a-8-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)When pheasants damage cultivated crops on cleared and planted land, the owner of the cultivated crops shall immediately upon discovery of the damage notify the division both orally and in writing.

(2)Upon being notified of the damage to cultivated crops, the division shall, as far as possible, control the damage.

(3)When pheasants damage or destroy cultivated crops on cleared and planted land, the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the owner notifies the division of the damage within 48 hours after the damage is discovered.

(4)Subject to Subsection

(5), the crop owner and the division shall make an appraisal of the damage as soon after notification as possible. If the crop owner and the division are unable to agree on the fair and equitable damage, they shall call upon a third party, consisting of one or more persons acquainted with the crops concerned and pheasants, to appraise the damage.

(5)If a provision of this section conflicts with the requirements of the federal Pittman-Robertson Act or the regulations issued under that act, the provisions relating to damage claims are void.

Renumbered and Amended by Chapter 103 , 2023 General Session