ยง183-20 - Disposition.
ยง183-20ย Disposition.ย The department,at any time, without notice to the owners, may remove any and all cattle orhorses found on any forest reserve, game management area, public hunting area,or natural area reserve and may hold and care for the cattle or horses in someconvenient place, at the expense of the owners, subject to the lien for chargesand expenses as herein provided.ย The owners of the cattle or horses shall payto the department the actual expenses reasonably incurred, which shall include,but not be limited to, allowances for employees' wages, equipment cost,transportation cost, feeding cost, cost of public notice, and other costsrelated to the catching, driving, and transportation of animals.ย After thecattle or horses have been removed and held, the owners shall be notifiedpersonally of this fact, if the owners are known, and shall be notified of thetotal amount of the charges and expenses to be paid for the release of thecattle or horses.
When the owners are unknown or cannot be found,the department shall give public notice in the county in which the cattle orhorses are held.ย The notice shall set forth the general description and thebrands of all the cattle or horses so removed and held and shall notify theowners and the public generally that unless the charges and costs to bespecified in the notice shall have been paid on or before the date thereinspecified, which date shall not be less than two weeks from the date of thelast notice, the cattle or horses therein described shall be sold at publicauction for cash to the highest bidder for the purpose of satisfying the lienon the same for the costs and charges in the notice set forth.ย The noticeshall be given once a week for four consecutive weeks.ย If the charges and costs,together with any additional expenses that may have been incurred since thefirst notice, are not paid before the date stated in the notice, the cattle orhorses on that date shall be sold and all charges and other expenses shall besatisfied out of the proceeds of the sale and the balance paid to the owner orowners of the cattle or horses.ย If no claim is made for any balance withinsixty days after the date of sale, the balance shall be deposited in thetreasury of the State as a government realization and all private rightstherein and thereto shall be thereafter forever barred. [L 1921, c 222, pt ofยง2; RL 1925, ยง586, subs 10; am L 1927, c 54, ยง4; RL 1935, ยง193; RL 1945, ยง1028;RL 1955, ยง19-11; am L Sp 1959 2d, c 1, ยง22; am L 1961, c 132, ยง1; HRS ยง183-20;am L 1981, c 85, ยง8; am L 1988, c 337, ยง4; am L 1998, c 2, ยง48]