4-25-14 - Impounded livestock -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
4-25-14. Impounded livestock -- Determination and location of owner -- Sale --Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1) As used in this section, "impounded livestock" means the following animals seizedand retained in legal custody:
(a) cattle;
(b) calves;
(c) horses;
(d) mules;
(e) sheep;
(f) goats;
(g) hogs; or
(h) domesticated elk.
(2) (a) A county may:
(i) take physical possession of impounded livestock seized and retained within itsboundaries; and
(ii) attempt to determine the name and location of the impounded livestock's owner.
(b) The department shall assist a county who requests help in locating the name andlocation of the owner or other person responsible for the impounded livestock.
(c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed PropertyAct, if the county cannot determine ownership of the impounded livestock, or, if havingdetermined ownership, neither the county nor the department is able to locate the owner within areasonable period of time, the impounded livestock shall be sold at a livestock or otherappropriate market.
(ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described inSubsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah ConstitutionArticle X, Section 5, Subsection (1).
(iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) maydeduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(3) A county shall publish the intended sale of the impounded livestock:
(a) at least 10 days prior to the date of sale; and
(b) in a publication with general circulation within the county where the impoundedlivestock was taken into custody.
(4) A purchaser of impounded livestock sold under this section shall receive title to theimpounded livestock free and clear of all claims of the livestock's owner or a person claimingtitle through the owner.
(5) If a county complies with the provisions of this section, it is immune from liabilityfor the sale of impounded livestock sold at a livestock or other appropriate market.
(6) Notwithstanding the requirements of Subsection (2)(c), a county may employ alicensed veterinarian to euthanize an impounded livestock if the licensed veterinarian determinesthat the impounded livestock's physical condition prevents the impounded livestock from beingsold.
Amended by Chapter 282, 2009 General Session