§ 54-913 — Livestock animal seized; hearing to determine disposition and cost; notice; court order; appeal; euthanasia

(1) After a
livestock animal has been seized, the agency that took custody of the livestock
animal shall, within seven days after the date of seizure, file a complaint
with the district court in the county in which the animal was seized for a
hearing to determine the disposition and the cost for the care of the livestock
animal. Notice of such hearing shall be given to the owner or custodian from
whom such livestock animal was seized and to any holder of a lien or security
interest of record in such livestock animal, specifying the date, time, and
place of such hearing. Such notice shall be served by personal or residential
service or by certified mail. If such notice cannot be served by such methods,
service may be made by publication in the county where such livestock animal
was seized. Such publication shall be made after application and order of
the court. The hearing shall be held as soon as practicable and not more than
ten business days after the date of application for the hearing unless otherwise
determined and ordered by the court.
(2) If the
court finds that probable cause exists that the livestock animal has been
abandoned or cruelly neglected or mistreated, the court may:
(a) Order immediate
forfeiture of the livestock animal to the agency that took custody of the
livestock animal and authorize appropriate disposition of the livestock animal,
including sale at public auction, adoption, donation to a suitable shelter,
humane destruction, or any other manner of disposition approved by the court.
With respect to sale of a livestock animal, the proceeds shall first be applied
to the cost of sale and then to the expenses for the care of the livestock
animal and the remaining proceeds, if any, shall be paid to the holder of
a lien or security interest of record in such livestock animal and then to
the owner of the livestock animal;
(b) Issue an order to the owner or custodian
setting forth the conditions under which custody of the livestock animal shall
be returned to the owner or custodian from whom the livestock animal was seized
or to any other person claiming an interest in the livestock animal. Such
order may include any management actions deemed necessary and prudent by the
court, including culling by sale, humane disposal, or forfeiture and securing
necessary care, including veterinary care, sufficient for the maintenance
of any remaining livestock animal; or
(c) Order the owner or custodian from whom
the livestock animal was seized to post a bond or other security, or to otherwise
order payment, in an amount that is sufficient to reimburse all reasonable
expenses, as determined by the court, for the care of the livestock animal,
including veterinary care, incurred by the agency from the date of seizure
and necessitated by the possession of the livestock animal. Payments shall
be for a succeeding thirty-day period with the first payment due on or before
the tenth day following the hearing. Payments for each subsequent succeeding
thirty-day period, if any, shall be due on or before the tenth day of such
period. The bond or security shall be placed with, or payments ordered under
this subdivision shall be paid to, the agency that took custody of the livestock
animal. The agency shall provide an accounting of expenses to the court when
the livestock animal is no longer in the custody of the agency or upon request
by the court. The agency may petition the court for a subsequent hearing under
this subsection at any time. The hearing shall be held as soon as practicable
and not more than ten business days after the date of application for the
hearing unless otherwise determined and ordered by the court. When all expenses
covered by the bond or security are exhausted and subsequent bond or security
has not been posted or if a person becomes delinquent in his or her payments
for the expenses of the livestock animal, the livestock animal shall be forfeited
to the agency.
(3) If custody of a livestock animal is returned to the owner or
custodian of the livestock animal prior to seizure, any proceeds of a bond
or security or any payment or portion of payment ordered under this section
not used for the care of the livestock animal during the time the animal was
held by the agency shall be returned to the owner or custodian.
(4) Nothing
in this section shall prevent the euthanasia of a seized livestock animal
at any time as determined necessary by a law enforcement officer or as authorized
by court order.
(5) An appeal may be entered within ten days after a hearing under
this section. Any person filing an appeal shall post a bond or security sufficient
to pay reasonable costs of care of the livestock animal for thirty days. Such
payment will be required for each succeeding thirty-day period until the appeal
is final.
(6) If the owner or custodian from whom the livestock animal was
seized is found not guilty in an associated criminal proceeding, all funds
paid for the expenses of the livestock animal remaining after the actual expenses
incurred by the agency have been paid shall be returned to such person.
(7) This section
shall not preempt any ordinance of a city of the metropolitan or primary class.

Legislative History

Source: Laws 2013, LB423, § 9.