Sec. 8. The owner of a stray animal confined under section 4 of this chapter may demand the stray animal from the person who confined the stray animal only if the following conditions are met:
(1) The owner proceeds under IC 32-34-8-18 to prove that the stray animal is the owner's property.
(2) The owner pays the costs allowed in the case of stray animals.
(3) The owner pays the damages and the costs of assessment.