Oregon Statutes 607.338 – Use of proceeds from sale to pay person taking up animal; arbitration of costs; fee
(1) If the State Department of Agriculture sells an estray animal under ORS § 607.328, the department shall first recover from the proceeds of the sale the costs described in ORS § 607.337 (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS § 607.304 (2), except as limited by ORS § 607.308, 607.313 (2) and subsection (2) of this section.
Terms Used In Oregon Statutes 607.338
- Department: means the State Department of Agriculture. See Oregon Statutes 607.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) If the department sells under ORS § 607.328 an estray animal that was delivered to the department under ORS § 607.304 (1), the department shall allow to the person taking up the animal only reasonable costs. The department’s determination of reasonable costs shall be final. However, the department may, upon written request of the person taking up the animal, submit the question of the amount of reasonable costs to arbitration. If the question is submitted to arbitration, the department shall furnish to the person taking up the animal the names of five arbitrators selected from the list of qualified persons maintained in accordance with ORS § 607.304 (10), and the person taking up the animal shall appoint one arbitrator from the list within five days of receiving the list. The department shall then appoint one arbitrator and the two arbitrators shall jointly appoint a third arbitrator from the list. The two arbitrators shall give written notice of the appointment of the third arbitrator to the department and the person taking up the animal no later than five days after receiving the list. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the animal and the premises and issue a decision as to the amount of reasonable costs. The decision of the arbitrators shall be final. Written notice of the decision shall be given to the department and the person taking up the animal no later than 30 days after the appointment of the third arbitrator. The person taking up the animal shall pay an arbitration fee of $150 to the department at the time of submitting the written request for arbitration, from which the department shall pay each appointed arbitrator $50 for arbitration services.
(3) Any balance remaining from the proceeds of the sale after the department has reimbursed itself and has paid the costs of the person taking up the animal shall be paid to the owner of the animal. If the owner fails to establish the right to the remaining proceeds within one year after the sale, all rights to the proceeds shall vest in the department to use in carrying out the provisions of this chapter and ORS Chapter 604.
(4) This section does not require the department to pay the costs of the person taking up the animal if the proceeds of the sale of the animal are not sufficient to pay those costs. [1957 c.604 § 27; 1971 c.579 § 7; 1975 c.65 § 9; 1981 c.413 § 4; 2009 c.336 § 13]