(a) Upon the application of any person, or the person’s agent, sustaining any damage by reason of the livestock running at large contrary to this chapter, the person or person’s agent may seek restitution from a Justice of the Peace Court or the Court of Common Pleas of the county in which damage was incurred by livestock, which may or may not have been taken up and impounded.
(b) If the owner of livestock cannot be located or identified and the livestock is taken up by the State, the State shall be held harmless for damages committed by the livestock.