(1) Any brand that has been cancelled for nonpayment of the assessment pursuant to section 35-43-115 (1) and that, as of June 30 of any assessment year, has remained unclaimed for at least five years since the date of cancellation shall be presumed abandoned, and all claims or interests in such brand shall be deemed forfeited.
In accordance with the "State Administrative Procedure Act", article 4 of title 24,C.R.S., the state board of stock inspection commissioners shall adopt rules governing the publication and sale of abandoned brands. Such rules shall include, without limitation, provisions for the publication of a notice of abandoned brands and procedures for the public sale of such brands.
The purchaser of an abandoned brand at a public sale shall take all rights to the brandfree and clear of all liens and encumbrances of the prior owner or of any other person. The state board of stock inspection commissioners shall provide all documents necessary to effectuate the transfer of ownership of the brand.
The proceeds of the sale of an abandoned brand, net of expenses of the sale, shall becredited to the brand assessment account in the brand inspection fund.
Source: L. 98: Entire section added, p. 265, § 4, effective August 5.