81-3-223. Action by dissatisfied owner -- costs. If the owner of the animal seized and killed under this part is dissatisfied with the valuation made, the owner may maintain an action against the department or, if the animal is seized by a sheriff, against that sheriff's county, and if the owner fails to recover damages in any greater amount than that allowed under 81-3-222, the owner shall bear all costs that may be incurred in the maintenance of the action.