183-20 Disposition. The department, at any time, without notice to the owners, may remove any and all cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve and may hold and care for the cattle or horses in some convenient place, at the expense of the owners, subject to the lien for charges and expenses as herein provided. The owners of the cattle or horses shall pay to the department the actual expenses reasonably incurred, which shall include, but not be limited to, allowances for employees' wages, equipment cost, transportation cost, feeding cost, cost of public notice, and other costs related to the catching, driving, and transportation of animals. After the cattle or horses have been removed and held, the owners shall be notified personally of this fact, if the owners are known, and shall be notified of the total amount of the charges and expenses to be paid for the release of the cattle or horses.

When the owners are unknown or cannot be found, the department shall give public notice in the county in which the cattle or horses are held. The notice shall set forth the general description and the brands of all the cattle or horses so removed and held and shall notify the owners and the public generally that unless the charges and costs to be specified in the notice shall have been paid on or before the date therein specified, which date shall not be less than two weeks from the date of the last notice, the cattle or horses therein described shall be sold at public auction for cash to the highest bidder for the purpose of satisfying the lien on the same for the costs and charges in the notice set forth. The notice shall be given once a week for four consecutive weeks. If the charges and costs, together with any additional expenses that may have been incurred since the first notice, are not paid before the date stated in the notice, the cattle or horses on that date shall be sold and all charges and other expenses shall be satisfied out of the proceeds of the sale and the balance paid to the owner or owners of the cattle or horses. If no claim is made for any balance within sixty days after the date of sale, the balance shall be deposited in the treasury of the State as a government realization and all private rights therein and thereto shall be thereafter forever barred. [L 1921, c 222, pt of 2; RL 1925, 586, subs 10; am L 1927, c 54, 4; RL 1935, 193; RL 1945, 1028; RL 1955, 19-11; am L Sp 1959 2d, c 1, 22; am L 1961, c 132, 1; HRS 183-20; am L 1981, c 85, 8; am L 1988, c 337, 4; am L 1998, c 2, 48]

 

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