§ 35-46-103 — Board of arbitration

When a person is trespassed upon or
damaged by any livestock or takes into the person's custody any livestock under
section 35-46-102, the claim for damages occasioned by the livestock may be
arbitrated by a board of three arbitrators, at the option of the party aggrieved
selecting one, the owner of the livestock selecting a second, and the two thus
chosen selecting a third. The chosen arbitrators shall meet and act as a board of
arbitration within five days after a written application for arbitration is made by
either party and written notice given to the other party. The person that takes the
livestock into custody shall notify in writing within five days after taking the
livestock into custody the owner or person in charge of the livestock. If the owner or
person in charge of the livestock is not known to the person taking the livestock
into custody or cannot be found after diligent search and inquiry, then the person
taking custody of the livestock shall publish within one week a notice containing a
full description of the livestock, including all marks and brands as nearly as can be
ascertained, in a newspaper published nearest the place where the alleged damage
occurred. In the event the owner of the livestock cannot be found within ten days
after the date of the publication of the notice, the livestock is an estray and the
state board of stock inspection commissioners is entitled to the livestock subject to
the lien for damage sustained and cost and care and feeding of the same by the
person taking the livestock into custody. Such person shall deliver the livestock to
the owner of the livestock whenever such owner furnishes the person so damaged
by the livestock a bond in an amount that is double the amount of the damage
claimed, executed by two responsible persons, satisfactory to the damaged party
or approved by a county judge or district judge of the county, and conditioned upon
the payment to the person taking custody of the livestock all damages and costs, if
any such damages or costs are awarded.

Legislative History

Source: L. 17: p. 345, � 6. C.L. � 3158. CSA: C. 160, � 61. L. 53: p. 589, � 6. CRS 53: � 8-13-3. C.R.S. 1963: � 8-13-3. L. 64: p. 205, � 6. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 131, � 129, effective August 6.