

Additionally, there are inherent contradictions in the law regarding the treatment of animals: they are seen as property, they are essentially treated in a way that holds them criminally liable for their actions. Although treating animals as property affords them, and their owners, some protection in the law, it also limits animals’ and their owners’ rights. For example, a dog who escapes from a backyard is still the property of its owner.


Under common law, a person who owns a domestic animal still owns that animal even when the animal is not directly under the person’s control. Animals are treated as propertyĬompanion animals are treated as property in the law. The current state of animals in the law today A. For ease of reference, in this paper the terms “humane society” and “animal shelter” are used interchangeably. Although private shelters may have different policies from public pounds, such as no-kill policies or longer holding periods, public and private animal shelters are the same in the eyes of the law. Note: The law treats animal shelters the same whether they are publicly or privately operated. This paper will address when and how the original owner’s property rights are relinquished, and when an animal becomes the property of an animal shelter. Because of the increasingly important status of companion animals today, shelters and individuals who find animals need to be well aware of their own rights and the rights of the owner regarding that animal. This current state of the law shows the progression of animals from being seen merely as property to being seen as a part of the family unit that needs protection by the law. The legal rights of companion animals and their owners are increasing for example, people can now provide for their animals in their wills, and can bring suits for the wrongful death of a companion animal. First, the paper will examine the current state of animals in the law today, and will give a brief explanation of how animals and their owners are treated in the courts today. This paper will address the issues concerning lost and found companion animals, particularly issues of ownership and title rights. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. “We were shocked to discover what happened and are aggressively working to care for these animals and to take the steps necessary to ensure this never happens again.This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. “We offer our deepest apologies to the community for this inconvenience,” said Debbie DiBernardo, President of Hi Tor's Board of Directors. The goal is to restore health to the shelter population and ensure that infected animals are not placed in adoptive homes.

While an inconvenience for the public, the board’s decision was based on taking the strongest steps necessary for the health and well-being of those animals that have been infected, as well as to eradicate the infection from the shelter. The shelter will continue to care for the animals that are currently housed, but will not accept any new animals until this issue has been resolved. The shelter is currently coordinating alternative surrender services and will provide that information as soon as arrangements are confirmed. Pet adoptions will continue, but only for those animals that have been examined and certified healthy by a veterinarian.
