2005 Arizona Revised Statutes - Revised Statutes §3-1372  Keeping livestock following seizure; expenses; use of livestock in criminal prosecution; sale of unclaimed livestock; nonliability of state

A. When a livestock officer has seized livestock, as provided by this article, he shall safely keep and care for it for a period of fifteen days, during which any person may inspect the livestock.

B. The expense of seizing, feeding and caring for livestock for the initial fifteen day period shall be a charge against the department and paid from any fund available to the division for that purpose.

C. At any time prior to the expiration of fifteen days after the seizure of livestock, the county attorney of the county in which the livestock is seized may take charge of and keep the livestock at the expense of the state when he deems it to be of evidentiary value in any criminal prosecution arising from the seizure.

D. The department shall cause notice to be posted in three public places in the precinct where the livestock are held stating that the livestock will be sold at public auction for cash to the highest bidder. The notice shall be posted for ten days after the livestock have been seized and at least five days before the sale. The notice shall state the location where the livestock will be sold. Proceeds from the sale shall be transmitted to the department to be deposited in the livestock custody fund established by section 3-1377, and upon final determination of all actions arising from the seizure of the livestock the department shall pay the proceeds, less the hauling charges and expense of feeding and caring for such livestock, to the persons entitled thereto under the judgment of the court.

E. The director may contract with any person to handle, feed and care for livestock taken into custody under this section. This state is not liable for the injury or death of any person or livestock or damage to property due to performance of the contract.

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