§ 40-27-108 — Notification of owner and claim agent

(1) Upon receipt of the
information from any authorized stock inspector of the killing or wounding of any
animal by any railroad company or by its engine, cars, or trains, it is the duty of the
secretary of the state board of stock inspection commissioners to notify the owner
of said animal so killed or injured, informing him of the facts and the estimated
value placed upon said animal by the stock inspector, and he shall also send a copy
of this report to the claim agent or other authorized official of the railway company
responsible for said killing or injuring.

(2) Should the secretary be unable to determine from the description
furnished by the stock inspector the owner or probable owner of such animal so
killed or injured, he shall cause an advertisement to be placed in a newspaper
published in the county where said killing or wounding occurred, describing the
animal so killed or injured, giving the marks or brands appearing on said animal, if
any, and notifying the owner to appear within six months of the date of such killing
or injuring and make claim for said animal. Said advertisement shall appear for two
consecutive weeks. The cost of such advertisement shall be paid out of the brand
inspection fund of the state board of stock inspection commissioners and shall be
deducted from the amount of damages that may be awarded against the railway
company or corporation. Should no claim be made for any animal so advertised, the
cost of such advertising shall be paid by the railroad company responsible for such
killing or injuring and shall be deposited in the brand inspection fund of said board.

Legislative History

Source: L. 11: p. 404, � 7. C.L. � 2869. CSA: C. 139, � 55. CRS 53: � 116-8-8. C.R.S. 1963: � 116-8-8. L. 2002: (2) amended, p. 1007, � 4, effective August 7.