47-612. Delivery of animals into quarantine; payment of fees, costs and expenses; sale. - Kansas Statutes

47-612

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS Article 6.--PROTECTION OF DOMESTIC ANIMALS

      47-612.   Delivery of animals into quarantine; paymentof fees, costs and expenses; sale.Whenever the livestock commissioner determines that certain animals within thestate arecapable of communicating infectious or contagious disease, thecommissioner may issue an order to the sheriff of the county or to any agent,inspector or authorizedrepresentative of the livestock commissioner in which suchanimals are found, commanding such individuals to take intocustody and keep such animals subject to such quarantine regulations as thelivestock commissioner may prescribe, until such time as the commissionerdirects such person to deliversuch animals to their owner or owners or to the agentof the owner or owners. Before any animals aredelivered, there shall be paid by the owner of suchanimals to the livestockcommissioner all the fees, costs andexpenses of taking, detaining and holding and caring for theanimals. In case such fees, costs and expenses are not paidat the time fixed by the livestock commissioner,the officer having custody of such animals shall advertise, inthe same manner as provided by law in case ofsale of personal property on execution, that the officer willsell such animals or such portion of such animals as maybe necessary to pay suchfees, costs and expenses, together with the costs andexpenses of suchsale. At the time and place advertised the officer shallsell as many of the animals as may be necessary to pay forsuch fees, costs and expenses and the costs andexpenses of suchsale. Upon suchsale the officer shall without delay pay to the ownerany amount received in excess of the fees, costsand expenses, including, but not limited to, legal fees of suchofficer. Any officer performing any of the dutiesdirected in this section or any other section of this act shall receivethe same compensation for such services as is prescribedby law for similarservices. In case such fees, costs and expenses cannot be collected bysale ofsuch animals, such fees, costs and expenses shall bepaid by thestate of Kansas unless payment orindemnity for the costs of taking into custody, keeping and selling suchanimals may be obtained from the United Statesgovernment.

      History:   L. 1911, ch. 312, § 3;R.S. 1923, 47-612;L. 1989, ch. 156, § 18;L. 2005, ch. 165, § 1; Apr. 21.