Mary's Law

The Oregon State Department of Agriculture needs to reform their statutes on estray and abandoned livestock to protect the good people who take them up.

Currently, the Department can make the person keep the livestock, feed the livestock and haul the livestock to the auction.  “IF” there is money left over from the sale of the livestock, the person who cared for them will get paid.

This reform would make the department come and take custody of the livestock with in 24 hours of the report or pay the person the cost of feed and fuel to haul the livestock to the sale.

If this does not get reformed, several horses will starve by the road side because no one can afford to take them in because the Department will not help.

Dear Senator Smith,

I am Sharee LaRue-Wright and I am a citizen of Umatilla County.  I was born and raised in this County for 40 years and live just outside of Milton-Freewater.  I am also the Vice Chairman of the Milton-Freewater School Board, the Milton-Freewater Jr. Show Horse Superintendent, the Chairman of the Milton-Freewater Main Street Merchants and the owner of the Valley Herald Newspaper.

The reason for this letter is to seek reform to the Estry Livestock statues.  I recently took up an estray horse at my property (81342 South Fork Walla Walla River Road, M-F, OR).  Upon doing so, I called the County Sheriff, the Brand Inspector and the local Humane Society.  I then went on the internet to investigate the statues of taking up an abandoned livestock.  I was shocked to find that I was responsible for the horse and any harm it may do, all of the cost of providing for the animal, the cost of hauling the animal to the sale and any vet care that the animal may need.

The horse was in very poor condition and in need of medical attention due to the fact that she had pneumonia.  After reporting that I had taken up the horse, via email through the Oregon Department of Agriculture as instructed by the site, no one contacted me and still hasn’t.  I called the Brand Inspector and he came out and filled out the paper work I needed.  That is when I found out that I had to haul the horse to Hermiston for the auction.

As you can see, I am a very busy person and Walla Walla Fair was upon me.  The soonest I could get the horse to the sale was September 16, because Hermiston didn’t hold an auction during Pendleton Round Up.

Two days after I got home from the Fair, the horse started shutting down and went completely blind.  I had her put down at my own cost.

To sum up the situation, I took a horse of the road for the safety of the horse and traffic.  Hay, grain, medicine, vet bills and euthanasia was paid for, totaling $500 for an animal that belonged to the State.

I feel, and so do all the others that signed the petition that I included, that it is time for a change.  This problem is only going to get worse as shown in the two articles published by the Valley Herald that I have included.

I am asking to change the statute to say that the Department has 24 hours to pick up the estray with no payment to the person who took up the estray and if they don’t, the Department will pay the person for their feed and fuel regardless of what the estray sells for.

On the next page is a Pro’s and Con’s list of the current statues and the possible reformed statues. 

Thank you for your time in this matter,

Sharee LaRue-Wright

Chapter 607 — Livestock Districts; Stock Running at Large

2007 EDITION

LIVESTOCK DISTRICTS; STOCK RUNNING AT LARGE ANIMALS

(RED ARE THE PROPOSED CHANGES)

YELLOW WORDING IS CURRENT, THAT NEEDS TO BE DELEATED

607.007 “Adequate fence,” “estray,” “taking up” defined. As used in this chapter, unless the context requires otherwise:

(1) “Adequate fence” means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of livestock into or from the lands enclosed by the barrier. Such natural barriers shall include hedges, ditches, rivers, streams, ponds or lakes.

(2) “Estray” means livestock of any unknown person that is unlawfully running at large or being permitted to do so, or that is found to be trespassing on land enclosed by an adequate fence.

(3) “Taking up” means the intentional exertion of control over livestock, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of such livestock. [1971 c.579 §2; 2005 c.22 §411]

607.304 Delivery of livestock to department or owner; payment of costs to person taking up livestock; arbitration; fees. (1) If the owner of the livestock does not appear in response to the notice given under ORS 607.303 (2), the livestock shall be delivered to the State Department of Agriculture, at a place designated by the department, at least 48 hours in advance of the date of sale and shall thereafter be sold by the State Department of Agriculture in accordance with ORS 607.328. (The Department will be responsible for the transportation costs.)

(2) If the owner of the livestock does appear, the livestock shall be delivered (picked up by owner or agent) to the owner or agent if the owner pays to the person taking up the livestock, before the date of sale:

(a) The cost of taking up the livestock;

(b) The cost of giving notice;

(c) The cost of keeping the livestock; and

(d) The cost of repairing any damage done by the livestock to the property of the person taking it up.

(e) The cost of Vet Bills for the livestock

(3) The person taking up the livestock, upon (the owner taking possession of the livestock) delivery thereof to the owner, shall notify the department that such action has been taken.

(4) If the owner is unable to agree with the person taking up the livestock as to the amount of the costs payable to such person, such owner shall:

(a) Within five days of the date the owner is advised of the amount of such costs, pay an arbitration fee of $150 to the department, give written notice to the department and the person taking up the livestock that the owner disagrees with the amount of the costs, that the owner desires arbitration of such disagreement and that the owner desires the department to furnish the owner with a list of arbitrators from which the owner can appoint one arbitrator; and

(b) Within five days of the date the owner is furnished the list of arbitrators, give written notice to the department and the person taking up the livestock of the name of the person appointed by the owner as arbitrator from such list.

(5) Upon receiving the notice of the owner described in subsection (4)(a) of this section, the department shall furnish to the owner and the person taking up the livestock the names of five arbitrators selected from the list of qualified persons maintained in accordance with subsection (10) of this section. Upon receiving the notices of appointment of arbitrators, as provided in subsection (4)(b) and subsection (6) of this section, the department shall give written notice to each appointed arbitrator of the arbitrator’s appointment.

(6) Within five days of the date of receiving the list of arbitrators, the person taking up the livestock shall give written notice to the department and to the owner of the name of the person appointed as arbitrator from such list.

(7) Upon receiving the notice provided in subsection (5) of this section, the two arbitrators shall each give the department written notice of acceptance of such appointment. The department shall thereafter appoint a third arbitrator and notify all three arbitrators of such appointment. The third arbitrator shall give the department written notice of acceptance of such appointment. The department shall pay each appointed arbitrator $50 from the money paid to the department under subsection (4) of this section for arbitration services. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the livestock and premises and thereafter render their decision as to the amount allowable as costs. Such decision shall be by majority vote and conclusive as to the owner and person taking up the livestock upon receipt of the decision by the department. Written notice of such decision shall be given to the department, the owner and the person taking up the livestock within 30 days of the appointment of the third arbitrator.

(8)(a) If the owner gives the notice required by subsection (4)(a) of this section, but does not therein indicate a desire to arbitrate or a desire to have a list of arbitrators furnished to the owner, the owner’s right to arbitration shall be deemed waived and the livestock shall be delivered to the department, at a place designated by the department, by the person taking up the livestock. Thereafter the livestock shall be sold by the department in accordance with ORS 607.328.  (The Department will be responsible for the transportation costs.)

(b) If the person taking up the livestock fails to give the notice required by subsection (6) of this section, such person’s right to arbitration shall be deemed waived and the livestock shall not be sold. The owner shall be entitled to the immediate possession thereof without payment of any of the costs described in subsection (2) of this section.

(9) At any time during the arbitration provided for in this section, the owner of the livestock may give written notice to the department and the person taking up the livestock of the owner’s desire to regain immediate possession and custody of such livestock. If the owner gives such notice, and at the same time deposits with the department a cash deposit in an amount equal to the accrued costs claimed by the person taking up the livestock as of the date such notice is given, the livestock shall be released to the owner or agent within 48 hours after the giving of such notice and cash deposit. The department is authorized to pay the costs determined by the arbitrators pursuant to subsection (7) of this section to the person taking up the livestock and return the balance, if any, to the owner.

(10) The department shall establish and maintain a list of persons qualified by experience and knowledge to act as arbitrators in accordance with subsection (7) of this section. In furnishing the names of five arbitrators, as provided in subsection (5) of this section, the department shall first determine that none of such persons named:

(a) Is related to either the owner or person taking up the livestock;

(b) Is, or has been, an agent, employee or business associate of either the owner or person taking up the livestock; or

(c) Has for any reason bias or prejudice towards either the owner or person taking up the livestock.

(11) If either the owner or person taking up the livestock intentionally fails to disclose to the department that any of the five arbitrators furnished to them as provided in subsection (5) of this section does not meet the criteria described in subsection (10) of this section, the department shall upon determining such intentional failure to disclose:

(a) Declare the arbitrator disqualified and any arbitration decision previously rendered void and of no effect;

(b) Select a person from its list to replace the disqualified arbitrator; and

(c) Direct the arbitration be undertaken with the newly appointed arbitrator as a member of the board of arbitration. [1957 c.604 §25; 1971 c.579 §6; 1975 c.65 §1; 1981 c.413 §1]

607.305 [Amended by 1953 c.367 §13; renumbered 607.344]

607.306 [1953 c.367 §2; repealed by 1957 c.604 §41]

607.308 Alternative procedure for person taking up livestock. A person taking up (estray) livestock of a known owner, in lieu of following the procedure established by ORS 607.303 and 607.304, (shall) may, within five days after the taking up, (call the department and arrange to have the department pick up the estray with in 24 hours of the call.  The department may leave the estray with the person who took it up and must pay the expenses outlined in ORS 607.304 to the person who took up the estray) deliver the livestock and the notice described in ORS 607.313 (1) to the State Department of Agriculture at a place designated by the department. The livestock shall thereafter be disposed of by the department in accordance with ORS 607.321 or 607.328. [1957 c.604 §26; 1975 c.65 §2]

607.310 [Repealed by 1953 c.367 §13]

607.311 Taking up estray prohibited without giving notice. (1) A person who finds an estray upon the premises of the person or premises of which the person has lawful possession or control may take up the estray.

(2) No person shall knowingly take up or retain possession, custody or control of an estray without giving the notice required by ORS 607.313. [1953 c.367 §9; 1975 c.65 §3]

607.313 Notice to department by persons taking up estrays; recovery of costs. (1) Any person taking up an estray shall, within five days thereof, give written notice to the State Department of Agriculture of the taking up. Such notice shall include:

(a) A statement of the description of the livestock, including marks and brands or other identifying characteristics.

(b) The date of the taking up.

(c) The location of the taking up and present location of the livestock.

(2) In the event any person gives the notice required by subsection (1) of this section, but fails to do so within the time allowed therein, such person taking up an estray shall only be entitled to recover those costs verified by the department of taking up the livestock, of giving notice thereof and of keeping the livestock, as provided in ORS 607.304 (2), 607.332 and 607.338 incurred within five days immediately preceding the giving of such notice, but not such costs incurred prior thereto. [1971 c.579 §4; 1975 c.65 §4; 1981 c.413 §1]

607.315 [Repealed by 1953 c.367 §13]

607.316 [1953 c.367 §3; repealed by 1971 c.579 §9]

607.320 [Repealed by 1953 c.367 §13]

607.321 Investigation by department upon receipt of notice; procedure if State Department of Agriculture determines estray owner. (1) The State Department of Agriculture, when it receives a notice as described in ORS 607.313, shall attempt to determine the owner of the estray from the recorded brand, marks, other identifying characteristics and other relevant information tending to establish ownership.

(2) A record of the findings of the department supporting its determination of ownership shall be made and retained by the department for three years.

(3) The department shall have 20 days after it receives a notice described in ORS 607.313 to determine ownership of an estray. In the event the department determines the owner of the estray within this time limit, it shall at that time give written notice to such owner and the person taking up the estray, at their last-known addresses, which shall contain the matters described in ORS 607.328 (2)(b). If such owner does not appear and claim the estray prior to sale, in accordance with ORS 607.332, the sale shall be carried out as provided in ORS 607.328. [1953 c.367 §4; 1975 c.65 §5; 1981 c.413 §2]

607.325 [Repealed by 1953 c.367 §13]

607.326 [1953 c.367 §5; repealed by 1971 c.579 §9]

607.328 Procedure for sale of estrays; notice. (1) The State Department of Agriculture shall cause livestock to be sold at public sale:

(a) In the event the department does not determine the owner of an estray pursuant to ORS 607.321;

(b) In the event livestock of a known owner is delivered to it pursuant to ORS 607.304 (1) or (8); or

(c) In the event livestock of a known owner is delivered to it pursuant to ORS 607.308, and sale thereof is required because of the owner’s failure to appear and claim the livestock as provided in ORS 607.332.

(2) Prior to the holding of any public sale, as provided in subsection (1) of this section, the department shall:

(a) Designate a time and place of public sale, which shall be held not less than five days after receiving the notice of taking up.

(b) Cause a notice of such public sale to be given by posting a written or printed notice of the time and place of sale, a description of the livestock and that such sale shall take place if the livestock is not claimed by the owner thereof prior to the sale. Said posting shall be in two public places of the county where the livestock was taken up for not less than 48 hours prior to the date of sale. If the department is satisfied that adequate notice has been given an owner pursuant to ORS 607.303 (2), notice need not be posted. [1971 c.579 §5; 1975 c.65 §6; 1981 c.413 §3; 2007 c.71 §182]

607.330 [Repealed by 1953 c.367 §13]

607.331 [1953 c.367 §6; repealed by 1957 c.604 §41]

607.332 Claim by owner before sale. (1) If the owner of livestock appears and claims it prior to sale, the owner shall pay to the State Department of Agriculture all costs described in ORS 607.337 (1) and, except as limited by ORS 607.313 (2), shall pay to the person taking up the livestock all costs described in ORS 607.304 (2) which have accrued theretofore. Upon such payment, the livestock shall be released to the owner or the agent of the owner. Except as provided in subsection (2) of this section, if the owner fails to pay the costs, the sale shall be carried out in accordance with ORS 607.328.

(2) If the owner is unable to agree with the person taking up the livestock as to the amount of the costs payable to such person, such owner and person taking up shall proceed with arbitration of such disagreement as provided by ORS 607.304 (4) to (10). [1957 c.604 §21; 1975 c.65 §7]

607.335 [Repealed by 1953 c.367 §13]

607.336 Title of purchaser at sale. The purchaser of livestock sold in accordance with ORS 607.328 shall have clear and absolute title to such livestock. [1953 c.367 §8; 1975 c.65 §8]

607.337 Use of proceeds from sale. (1) All costs incurred by the (the person taking up the estray livestock shall be paid by the ) State Department of Agriculture in the taking up and sale of an estray shall be paid from the proceeds thereof in the following priority:

(a) Cost of publication of notice.

(b) Cost of the sale.

(c) Cost of transportation of the estray to the point of sale.

(d) Reasonable cost of feed and care prior to sale (including reasonable Veterinary expenses).

(e) All other costs including the time and mileage of the employees of the department.

(2) If the proceeds of the sale are inadequate to pay all of the costs mentioned in subsection (1) of this section, the department shall pay the deficiency.

(3) Subject to ORS 607.338 (1) and (3), any balance remaining from the proceeds of sale shall be transmitted to the department which shall deposit it in the Department of Agriculture Account in the General Fund. Proceeds so deposited shall be held in such account for a period of one year subject to claim by the owner.

(4) If the owner fails to establish the right of the owner to the proceeds of sale within one year, all right, title and claim thereto shall be transferred to the department to expend and use in carrying out this chapter and ORS chapter 604. Proceeds now being held by the department as the result of sale of estrays are subject to this subsection. [1957 c.604 §§22,23; 1967 c.113 §1; 1967 c.637 §21; 1991 c.660 §4]

607.338 Use of proceeds where private person has taken up livestock; arbitration of costs; fee. (1) If the State Department of Agriculture sells livestock pursuant to ORS 607.328, it shall from the proceeds of the sale first reimburse (the person taking up the estray livestock ) itself for the costs described in ORS 607.337 (1), and from the balance, if any, pay to (itself any costs the Department may have as described in) the person taking up the livestock the costs described in ORS 607.304 (2), except as limited by ORS 607.308, 607.313 (2) and subsection (2) of this section.

(2) If the department sells livestock pursuant to ORS 607.328 which has been delivered to it pursuant to ORS 607.304 (1), it shall allow to the person taking up the livestock only reasonable costs, and the department’s determination of the reasonableness thereof shall be final. However, the department may, upon written request of the person taking up the livestock, submit the question of the amount of reasonable costs to arbitration. In such event, the department shall furnish to the person taking up the livestock the names of five arbitrators selected from the list of qualified persons maintained in accordance with ORS 607.304 (10), and the person taking up the livestock shall appoint one arbitrator from such list within five days of receiving such list. The department shall thereafter appoint one arbitrator and the two arbitrators shall jointly appoint a third arbitrator from such list. Written notice of the appointment of such third arbitrator shall be given by such two arbitrators to the department and the person taking up the livestock within five days of the date they are furnished such list. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the livestock and the premises and thereafter render their decision as to the amount of reasonable costs. Their decision shall be final. Written notice of such decision shall be given to the department and the person taking up the livestock within 30 days of the appointment of the third arbitrator. The person taking up the livestock shall pay an arbitration fee of $150 to the department at the time of submitting the written request for arbitration, from which the department shall pay each appointed arbitrator $50 for arbitration services.

(3) Any balance remaining from the proceeds of the sale after the department has reimbursed (the person taking up the livestock) itself and has paid (itself any costs) the costs of the person taking up the livestock shall be paid to the owner of the livestock. If the owner fails to establish the right to the remaining proceeds within one year after the sale, all rights thereto shall vest in the department to use in carrying out the provisions of this chapter and ORS chapter 604.

(4) Nothing contained in this section is intended to require the department to pay the costs of the person taking up the livestock if the proceeds of the sale thereof are not sufficient to pay such costs. [1957 c.604 §27; 1971 c.579 §7; 1975 c.65 §9; 1981 c.413 §4]

607.339 Liability of department. Except for gross negligence the State Department of Agriculture shall not be liable for the payment of the proceeds of sale or return of custody of an estray to a person claiming to be the true owner of such estray. [1953 c.367 §7]

607.340 [Repealed by 1953 c.367 §13]

We need a way to prosecute parties that abandon livestock

We need a statute giving the person taking up the livestock to euthanize it if need be at the direction of a licensed vet that the Department will pay for

607.341 Jurisdiction of courts. Justice courts shall have concurrent jurisdiction with circuit courts of proceedings brought on violations of ORS 607.303 to 607.341. [1953 c.367 §11]

If you agree that there needs to be a change in the Oregon estray livestock statutes, please sign the guest book.  All statutes are posted below that this would effect

Please copy and paste the RED info into the COMMENTS BOX and your address into "WHERE ARE YOU FROM" box