Capture Of Wild Animals

A.

The exercise of dominion and control over a wild animal constitutes possession of the animal and ownership is vested in the possessor.

1.
Mortally wounding or trapping an animal or fish constitutes constructive possession, provided the hunter pursues the wounded animal and, in the case of trapping, capture is virtually complete.

2.
Mere pursuit of a wild animal does not create a property right.

B.

A trespasser’s title to a killed or captured animal is inferior to that of the land’s owner.

C.

The owner of a captured animal loses title if the animal escapes and resumes its natural state.

D.

If a captured wild animal escapes, the captor retains title only if the escaped animal has been tamed and forms a habit of periodically returning to the captor, or the animal is not indigenous to the area, so that a potential captor is put on notice that it belongs to someone else.