Mo. Rev. Stat. ch. 270

Mo. Rev. Stat. ch. 270
in effect

Mo. Rev. Stat. § 270.010 Domestic animals restrained from running at large.

270.010. Domestic animals restrained from running at large. — It shall be unlawful for the owner of any animal or animals of the species of horse, mule, ass, cattle, swine, sheep or goat, in this state, to permit the same to run at large outside the enclosure of the owner of such stock, and if any of the species of domestic animals aforesaid be found running at large, outside the enclosure of the owner, it shall be lawful for any person, and it is hereby made the duty of the sheriff or other officer having police powers, on his own view, or when notified by any other person that any of such stock is so running at large, to restrain the same forthwith, and such person or officer shall, within three days, give notice thereof to the owner, if known, in writing, stating therein the amount of compensation for feeding and keeping such animal or animals and damages claimed, and thereupon the owner shall pay the person, or officer, taking up such animal or animals a reasonable compensation for the taking up, keeping and feeding such animal, or animals, and shall also pay all persons damaged by reason of such animals running at large, the actual damages sustained by him or them; provided, that said owner shall not be responsible for any accident on a public road or highway if he establishes the fact that the said animal or animals were outside the enclosure through no fault or negligence of the owner. If the owner of such stock be not known, or if notified and fails to make compensation for the taking up, feeding and keeping of animals taken up under the provisions of this chapter, the same shall be deemed strays, and shall be dealt with in the same manner as required by law with respect to such property as strays, under the stray law. Any failure or refusal on the part of such officer to discharge the duties required of him by this section shall render him liable on his bond to any person damaged by such failure or refusal, which damages may be sued for and recovered in any court of competent jurisdiction. (RSMo 1939 § 14463, A.L. 1945 p. 103) Prior revisions: 1929 § 12797; 1919 § 4275; 1909 § 772 (1954) Verdict directing instruction in suit for damages arising out of collision of automobile and horse where stock law was in effect, which directed a finding of negligence against defendant, if his horse was found loose and unattended on highway and authorized recovery if collision caused injury, was erroneous. Anderson v. Glasscock (A.), 271 S.W.2d 243. (1958) Instructions in suit for damages where motor vehicle struck cattle which were illegally on highway approved. King v. Furry (A.), 317 S.W.2d 690. (1961) Plaintiff was injured when the vehicle which he was driving collided with a hog on the highway. The fact that the hog was on the highway created an inference of negligence on the part of the owner of the animal. Keefer v. Hartzier (A.), 351 S.W.2d 479. (1965) Motorist made submissible case of negligence of defendant in allowing steer to run loose on road when defendant admitted that gate post in pasture was loose, that bottom of gate was pushed open and it was possible for a calf to squeeze through, and that a steer was "hopping a little bit" the next morning and was butchered. Cox v. Moore (A.), 394 S.W.2d 65.

Mo. Rev. Stat. § 270.020 When notice not necessary.

270.020. When notice not necessary. — If it shall appear and be proven on trial that the owner or owners of such domestic animals, as set forth in section 270.010 , shall have actual notice that his or their said animals or stock were restrained, and by whom, and that the parties interested could not agree on the amount of damages demanded, then the three days' notice in writing as required by section 270.010 shall not be necessary to a recovery. (RSMo 1939 § 14464) Prior revisions: 1929 § 12798; 1919 § 4276; 1909 § 773

Mo. Rev. Stat. § 270.030 Appraisers may be appointed to assess damages.

270.030. Appraisers may be appointed to assess damages. — If the owner of such stock so restrained and the taker-up, or the person damaged by such stock and the owner thereof, cannot agree upon the same, either party may apply to the circuit court of the county where said taker-up resides for the appointment of three appraisers to assess the damages done, or reasonable compensation for the taking up, keeping and feeding such stock, and it shall be the duty of the court to issue a notice to three disinterested householders of the county to appear at such place in said county as he may designate, and assess the damages or compensation as herein required. (RSMo 1939 § 14465, A.L. 1945 p. 103, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 12799; 1919 § 4277; 1909 § 774 Effective 1-02-79

Mo. Rev. Stat. § 270.040 Appraisers' oath - assessment proceedings.

270.040. Appraisers' oath — assessment proceedings. — The persons so notified, or any two of them attending, shall take an oath that they will fairly and impartially assess the damages or compensation in controversy, and they shall make out, sign and deliver to each party a written statement of their assessment of damages or compensation, and upon the payment of the same and the expenses of said controversy, the owner of such stock shall be entitled to take the same away, and if refused, he may maintain an action therefor, as in case of wrongful taking or detention of property. (RSMo 1939 § 14466) Prior revisions: 1929 § 12800; 1919 § 4278; 1909 § 775

Mo. Rev. Stat. § 270.050 Fees.

270.050. Fees. — The officer or person serving the notice shall be allowed a fee of thirty-five cents for each appraiser notified and five cents per mile as mileage to and from the place of service, and each appraiser shall be allowed a fee of fifty cents, which shall be paid by the owner of such stock before he shall be entitled to take such stock away; provided, that if said appraisers assess the amount of damages and compensation for taking up, keeping and feeding said animal or animals, at a less amount than the amount claimed by the taker-up on the written statement delivered to the owner, it shall be the duty of the taker-up of said animals to pay said costs. (RSMo 1939 § 14467, A.L. 1945 p. 103) Prior revisions: 1929 § 12801; 1919 § 4279; 1909 § 776

Mo. Rev. Stat. § 270.060 Lawful fence not necessary.

270.060. Lawful fence not necessary. — It shall not be necessary for any person to fence against any of the species of domestic animals enumerated in this chapter, and it shall be no defense to any action or proceeding brought or had, that the party taking up such stock did not have his lands enclosed with a lawful fence, but nothing herein contained shall be construed to lessen or interfere with the obligations of the several railroads in this state to fence the right-of-way of such railroads, as is now provided by law. (RSMo 1939 § 14468) Prior revisions: 1929 § 12802; 1919 § 4280; 1909 § 777 CROSS REFERENCE: Damages for stock killed by train, 537.260

Mo. Rev. Stat. § 270.070 Animals may be driven along public highways.

270.070. Animals may be driven along public highways. — Nothing contained in this law shall be construed as to prevent owners or other persons from driving any of the species of animals enumerated in this chapter from one place to another or along any public highway. (RSMo 1939 § 14469) Prior revisions: 1929 § 12803; 1919 § 4281; 1909 § 778

Mo. Rev. Stat. § 270.170 Domestic swine taken up - notice to owner.

270.170. Domestic swine taken up — notice to owner. — If any domestic swine shall be found running at large, contrary to the provisions of this chapter, it shall be lawful for any person on whose premises said swine shall be found to restrain the same forthwith, and give the owner, if known, notice in writing that such person has restrained said swine, and the amount of damages such person claims in the premises, and requiring the owner to take said swine away and pay such damages; and such owner shall pay such person a reasonable sum for taking up, feeding and caring for the same, and the actual damages done by said swine. If such owner fails to comply with the provisions of this section within three days after receiving such notice, or if the owner of such swine be unknown, such swine shall be disposed of in the manner provided for in section 270.180 . (RSMo 1939 § 14480, A.L. 2002 H.B. 1348, A.L. 2021 H.B. 369) Prior revisions: 1929 § 12814; 1919 § 4292; 1909 § 788

Mo. Rev. Stat. § 270.180 Proceedings before magistrate for sale - escheats.

270.180. Proceedings before magistrate for sale — escheats. — 1. If the owner of any domestic swine taken up under the provisions of this chapter be unknown, after three days' diligent inquiry by the taker-up, or if the owner of any swine taken up under the provisions of this chapter shall not, within three days after receiving notice as provided for in section 270.170 , comply with the provisions of this chapter, the taker-up of such swine shall apply to an associate circuit judge of the county for the sale of such swine according to law. 2. Such associate circuit judge, being satisfied that the provisions of this chapter have been complied with, shall order the same to be sold by the sheriff after the expiration of fifteen days, who shall give notice and sell the same in the same manner as personal property may be sold on execution by a sheriff; and after paying the costs of sale, and of taking up and keeping the swine, and all damages done by the same, such sheriff shall pay the balance, if there be any, over to the county treasurer, and take a receipt therefor; which balance shall be subject to the order of the owner of such swine, if called for within twelve months after the sale, but if not called for, the same shall be turned over to the school fund of the county. (RSMo 1939 § 14481, A.L. 1945 p. 103, A.L. 2021 H.B. 369) Prior revisions: 1929 § 12815; 1919 § 4293; 1909 § 789

Mo. Rev. Stat. § 270.190 Domestic geese to be restrained.

270.190. Domestic geese to be restrained. — In all counties and townships that have adopted the provisions of this chapter, the owner of domestic geese shall keep the same upon his own premises and in his own enclosure, and if any such geese escape from the enclosure of the owner, they may be dealt with the same as all other animals, as provided by this chapter. (RSMo 1939 § 14482) Prior revisions: 1929 § 12816; 1919 § 4294; 1909 § 790

Mo. Rev. Stat. § 270.200 Prohibiting aged and deformed animals from running at large.

270.200. Prohibiting aged and deformed animals from running at large. — In all counties and townships that have adopted or may hereafter adopt the provisions of this chapter, every owner or other person having the legal care of any domestic animal of the species enumerated in section 270.010 , who shall knowingly and purposely refuse to restrain the same from running at large, when its age, deformity, blindness or other infirmity would render nugatory the law providing for the sale thereof to pay costs and damages to any party who might take up said animal, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five nor more than twenty dollars, or by imprisonment in the county jail for a term not exceeding ten days. (RSMo 1939 § 14483) Prior revisions: 1929 § 12817; 1919 § 3657; 1909 § 4862

Mo. Rev. Stat. § 270.210 Stallions, mules and jackasses not to run at large, when - penalty.

270.210. Stallions, mules and jackasses not to run at large, when — penalty. — If any stallion or any unaltered male mule or jackass, over the age of two years, be found running at large, the owner shall be fined, for the first offense three dollars, and for every subsequent offense not exceeding ten dollars, to be recovered by civil action before an associate circuit judge, in the name of any person who will prosecute for the same, one-half to his own use and the other half to the use of the county. (RSMo 1939 § 14458) Prior revisions: 1929 § 12792; 1919 § 4270; 1909 § 767

Mo. Rev. Stat. § 270.230 May be killed, when.

270.230. May be killed, when. — If any such horse, mule or jackass be running at large, and cannot be taken up, he may be killed, if notice be first put up at the courthouse door and at three other public places in the county, for ten days, describing the color, marks and brands, as near as practicable, of the animal, and that he will be killed unless taken away and secured. (RSMo 1939 § 14460) Prior revisions: 1929 § 12794; 1919 § 4272; 1909 § 769

Mo. Rev. Stat. § 270.240 Rams not to run at large, when.

270.240. Rams not to run at large, when. — All rams shall be restrained from going at large within this state, from the first day of May to the first of November in each year. (RSMo 1939 § 14461) Prior revisions: 1929 § 12795; 1919 § 4273; 1909 § 770

Mo. Rev. Stat. § 270.250 Bulls, rams and boars may be castrated, when.

270.250. Bulls, rams and boars may be castrated, when. — If any bull or ram over one year old, or boar hog over three months old, shall be found going at large off the premises of or out of the enclosure or control of its owner or keeper, after three days' notice, signed by three residents of the township where such bull or ram or boar hog may be running at large, and the owner shall fail or neglect to take up or confine the same on or within his premises, it shall be lawful for any person to castrate any such bull or ram or boar hog, except that the same be done in the usual manner of castrating such animals, and so as to endanger the life of such as little as possible; and the person castrating any such bull or ram or boar hog, shall not be liable for any damage on account thereof; provided, that such male animal may be taken up and confined at once, by any person finding same at large, and where the owner is not known at the time, it shall be lawful for any person to take up such male and keep same in confinement for three days; and if such male is not reclaimed by owner during that time, and pay therefor to taker-up the sum of one dollar, then it shall be lawful to castrate such animal as if notice had been given. (RSMo 1939 § 14462, A.L. 1990 H.B. 1070) Prior revisions: 1929 § 12796; 1919 § 4274; 1909 § 771

Mo. Rev. Stat. § 270.260 Release of swine to live in wild or feral state, penalties.

270.260. Release of swine to live in wild or feral state, penalties. — 1. Any person who recklessly or knowingly releases any swine to live in a wild or feral state upon any public land or private land not completely enclosed by a fence capable of containing such animals is guilty of a class A misdemeanor and may be sentenced to pay a fine up to two thousand dollars. Each swine so released shall be a separate offense. 2. Every person who has previously been found guilty of violating the provisions of this section, committed on a separate occasion where such offense occurred within ten years of the date of the occurrence of the present offense and who subsequently is found guilty of violating this section shall be guilty of a class E felony. Each swine so released shall be a separate offense. 3. Nothing in this section shall be construed to criminalize the accidental escape of domestic swine or the release into a facility under a department of conservation permit or to hinder the ability to transport domestic swine to market or slaughter. 4. Nothing in this section shall be construed to prohibit the right of an individual to farm or raise livestock. (L. 2002 H.B. 1348, A.L. 2010 S.B. 795, A.L. 2014 S.B. 491, A.L. 2021 H.B. 369)

Mo. Rev. Stat. § 270.270 Feral swine, possessing or transporting through public land, penalty.

270.270. Feral swine, possessing or transporting through public land, penalty. — 1. (1) Any person possessing or transporting live feral swine, as defined in section 270.400 , on or through public land is guilty of a class A misdemeanor. (2) Every person who has previously been found guilty of violating the provisions of this section, committed on a separate occasion where such offense occurred within ten years of the date of the occurrence of the present offense and who subsequently is found guilty of violating this section shall be guilty of a class E felony. (3) Each violation of this subsection shall be a separate offense. (4) Nothing in this section shall apply to the possession of the offspring of domestic swine that are unintentionally sired by feral swine, as defined in section 270.400 , and are reported to the state veterinarian within thirty days of birth and within fifteen days before slaughter. 2. Any law enforcement officer, any agent of the conservation commission, or the state veterinarian is authorized to enforce the provisions of this section, section 270.260 , and section 270.400 . (L. 2010 S.B. 795, A.L. 2021 H.B. 369)

Mo. Rev. Stat. § 270.400 Killing of feral swine, permitted when - violations, penalty.

270.400. Killing of feral swine, permitted when — violations, penalty. — 1. For purposes of this section, the following terms mean: (1) "Feral swine" , any swine that is born, living, or has lived in the wild, and the offspring of such swine. For purposes of this subdivision, "in the wild" means not confined by humans to pens, houses, or other facilities designed to hold swine and prevent their escape; (2) "Landowner's agent" , any person who has permission from a landowner to be present on the landowner's property. 2. A person may kill a feral swine roaming freely upon such person's land and shall not be liable to the owner of the swine for the loss of the swine. 3. Any person may take or kill a feral swine on public land or private land with the consent of the public landowner or the private landowner; except that, during the firearms deer and turkey hunting season, the regulations of the Missouri wildlife code shall apply. Such person shall not be liable to the owner of the swine for the loss of such swine. 4. No person except a landowner or such landowner's agent on such landowner's property shall take, attempt to take, or kill a feral swine with the use of an artificial light or thermal imagery. 5. Any person who violates subsection 3 or 4 of this section is guilty of a class A misdemeanor. Each violation of subsection 3 or 4 of this section shall be a separate offense. 6. Nothing in this section shall be construed to apply to the accidental escape of domestic swine. (L. 2002 H.B. 1348, A.L. 2010 S.B. 795, A.L. 2019 H.B. 655, A.L. 2021 H.B. 369)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=270Fetched: 10/17/2026