(1) All costs incurred by the State Department of Agriculture in the taking up and sale of an estray animal shall be paid from the sale proceeds in the following priority:

Terms Used In Oregon Statutes 607.337

  • Department: means the State Department of Agriculture. See Oregon Statutes 607.005
  • Taking up: means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. See Oregon Statutes 607.007

(a) Cost of publication of notice.

(b) Cost of the sale.

(c) Cost of transportation of the animal to the point of sale.

(d) Reasonable cost of feed and care prior to sale.

(e) All other costs including the time and mileage of the employees of the department.

(2) If the proceeds of the sale are inadequate to pay all of the costs mentioned in subsection (1) of this section, the department shall pay the deficiency.

(3) Subject to ORS § 607.338 (1) and (3), any balance remaining from the proceeds of sale shall be transmitted to the department. The department shall deposit the proceeds balance in the Department of Agriculture Account in the General Fund. Proceeds so deposited shall be held in such account for a period of one year subject to claim by the owner.

(4) If the owner fails to establish the right of the owner to the proceeds of sale within one year, all right, title and claim thereto shall be transferred to the department to expend and use in carrying out this chapter and ORS Chapter 604. [1957 c.604 22,23; 1967 c.113 § 1; 1967 c.637 § 21; 1991 c.660 § 4; 2009 c.336 § 12]