ORS 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 (Procedure for sale of estray animal), the department shall first recover from the proceeds of the sale the costs described in ORS 607.337 (Use of proceeds from sale to pay department costs) (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS 607.304 (Delivery of estray animal to department or owner) (2), except as limited by ORS 607.308 (Alternative procedure for person taking up estray animal), 607.313 (Notice to department by persons taking up estray animal) (2) and subsection (2) of this section.

(2)

If the department sells under ORS 607.328 (Procedure for sale of estray animal) an estray animal that was delivered to the department under ORS 607.304 (Delivery of estray animal to department or owner) (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 (Delivery of estray animal to department or owner) (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]

Source: Section 607.338 — Use of proceeds from sale to pay person taking up animal; arbitration of costs; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors607.­html.

607.005
Definitions
607.007
“Adequate fence,” “estray animal,” “taking up” defined
607.008
Incorporated cities are livestock districts
607.018
Livestock district creation or annexation
607.021
Livestock district characteristics
607.024
Action on livestock district application
607.028
Livestock district withdrawals or dissolution
607.032
Publication of county governing body declarations
607.044
Civil liability for livestock at large in livestock district
607.045
Livestock at large in livestock districts
607.051
Status of districts designated by order of State Department of Agriculture
607.055
Application of livestock confinement laws to federal lands
607.080
Bison at large in livestock district prohibited
607.085
Civil liability for bison running at large on land
607.261
Stock running at large on open range
607.300
Determining adequacy of fences
607.303
Owner or lessee of property taking up estray animal
607.304
Delivery of estray animal to department or owner
607.308
Alternative procedure for person taking up estray animal
607.311
Taking up estray animal
607.313
Notice to department by persons taking up estray animal
607.321
Investigation by department upon receipt of notice
607.328
Procedure for sale of estray animal
607.332
Claim by owner before sale
607.336
Title of purchaser at sale
607.337
Use of proceeds from sale to pay department costs
607.338
Use of proceeds from sale to pay person taking up animal
607.339
Liability of department
607.341
Jurisdiction of courts
607.344
“Freshly branded” defined for ORS 607.345 to 607.360
607.345
Interfering with calves and colts on open range
607.350
Producing, on demand, the mothers of calves or colts
607.355
Disposal of calves and colts wrongfully held
607.360
Applicability of statutes regulating handling of calves and colts
607.365
Driving domestic animals from range
607.505
Stock running at large and grazing on Klamath Falls-Malin Highway
607.510
Stock running at large and grazing on certain state highways
607.515
Stock at large or grazing on highway from Canyonville to Umpqua National Forest
607.520
Stock running at large on highways in Washington County
607.527
Stock herded or grazed on interstate and defense highways
607.992
Penalties
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