§ 35-43-115.5 — Abandoned brands - procedure - sale - proceeds

Colorado § 35-43-115.5

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Branding and Herding

Text

(1) Any
brand that has been canceled for nonpayment of the assessment pursuant to
section 35-43-115 (1) and that, as of June 30 of any assessment year, has remained
unclaimed for at least five years since the date of cancellation shall be presumed
abandoned, and all claims or interests in such brand shall be deemed forfeited.

(2) In accordance with the State Administrative Procedure Act, article 4 of
title 24, C.R.S., the state board of stock inspection commissioners shall adopt rules
governing the publication and sale of abandoned brands. Such rules shall include,
without limitation, provisions for the publication of a notice of abandoned brands
and procedures for the public sale of such brands.

(3) The purchaser of an abandoned brand at a public sale shall take all rights
to the brand free and clear of all liens and encumbrances of the prior owner or of
any other person. The state board of stock inspection commissioners shall provide
all documents necessary to effectuate the transfer of ownership of the brand.

(4) The proceeds of the sale of an abandoned brand, net of expenses of the
sale, shall be credited to the brand assessment account in the brand inspection
fund.

Legislative History

Source: L. 98: Entire section added, p. 265, � 4, effective August 5.