(1) Livestock shall be presumed abandoned if:
The owner or owner's agent has failed to contact the lienor within ten days afterservice of notice under section 38-20-206;
The lienor, in good faith, has no reasonable grounds to believe that the owner doesnot intend to abandon the livestock; and
The agistor has sent written notice of abandonment pursuant to the publication procedures in this article.
The board shall care for and dispose of any abandoned livestock pursuant to section35-44-112, C.R.S.
After paying all expenses incurred, the board shall pay the agistor for the cost ofherding or caring for such livestock, not to exceed the fair market value of the actual cost of such herding or caring or five hundred dollars per head, whichever is less.
(a) Any surplus funds forwarded to the state board of stock inspection commissioners shall be deposited in the estray fund of said board in the manner described in section 38-20-206.
(b) If the owner of livestock presumed to be abandoned is found within three years after the date of the sale of such livestock, the net amount received from the sale shall be paid to the owner, less the following amounts, upon said owner proving ownership to the satisfaction of the board:
A sum determined by the board by rule for each abandoned animal, to be retained bythe state board of stock inspection commissioners;
The amount of any judgment awarded the lienor; and
Any amounts owed to a secured party that has filed a lien against the livestockpresumed to be abandoned and submitted a claim to the board.
(c) A current livestock inspection certificate shall be prima facie evidence of ownership.
Source: L. 96: Entire part added, p. 1391, § 11, effective July 1. L. 2004: (4)(b)(I) amended, p. 651, § 16, effective July 1.
Lien no bar. Nothing in this article shall prohibit a lienor, after the sale of livestock pursuant to this article, from pursuing further action to fully satisfy a judgment on an agistor's lien.
Source: L. 96: Entire part added, p. 1392, § 11, effective July 1.
Lien as security interest. A lien created pursuant to this article shall be considered a security interest for purposes of section 18-5-206, C.R.S.
Source: L. 96: Entire part added, p. 1392, § 11, effective July 1.
Recording fees. Any clerk of a county or district court may, pursuant to section 13-32-104, C.R.S., charge a fee for recording bills of sale under this article.
Source: L. 96: Entire part added, p. 1392, § 11, effective July 1.