3-1372. Keeping livestock following seizure;
expenses; use of livestock in criminal prosecution; sale of
forfeited livestock; nonliability of state
A. A livestock officer who has seized livestock, as provided by this article, shall
safely keep and care for it while it is under the department's custody and control,
during which time any person may inspect the livestock.
B. The expense of seizing, feeding and caring for livestock shall be paid from any
fund available to the division for that purpose. The division shall recover its expenses
as provided by this article.
C. At any time before the hearing on the ownership of the livestock, the county
attorney of the county in which the livestock is seized may take charge of and keep the
livestock at the expense of the state when the livestock is of evidentiary value in any
criminal prosecution arising from the seizure.
D. If livestock is forfeited to this state and ordered to be sold, as provided by
this article, the department shall cause notice to be posted in three public places in
the precinct where the livestock is held stating that the livestock will be sold at
public auction for cash to the highest bidder. The notice shall be posted for at least
five days before the sale. The notice shall state the location where the livestock will
be sold. Proceeds from the sale shall be transmitted to the department to be deposited
in the livestock custody fund established by section 3-1377, and upon final determination
of all actions arising from the seizure of the livestock the department shall pay the
proceeds, less the hauling charges and expense of feeding and caring for such livestock,
to the persons entitled thereto under the judgment of the court.
E. The director may contract with any person to handle, feed and care for livestock
taken into custody under this section. This state is not liable for the injury or death
of any person or livestock or damage to property due to performance of the contract.
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