2006 Louisiana Laws - RS 3:2181 — Lien for tick eradication expense; sale of animals and disposition of proceeds; exemption from liability for dipping expense

§2181.  Lien for tick eradication expense; sale of animals and disposition of proceeds; exemption from liability for dipping expense

Any expense incurred by enforcement of R.S. 3:2180 and R.S. 3:2183, including the cost of feeding and caring for animals while undergoing process of tick eradication, shall constitute a lien and privilege upon the animals, which lien and privilege shall prime any and all other liens and privileges theretofore or thereafter existing.  Should the owner of the animals fail or refuse to pay the expenses after five days' notice, to be served by the quarantine inspector, the animals shall be turned over to the sheriff of the parish in which the animals are located to be advertised for sale for ten days by posting notice of sale at the court house door, and three other public places in the immediate neighborhood of the place at which the animals were taken up for the purpose of tick eradication.  The sheriff shall make the sale.  Advertisement of sale shall be issued by the sheriff, stating the time and place of sale, which sale shall be made by the sheriff at public auction, at the place where the animals are confined, to the highest bidder for cash.  Out of the proceeds of the sale, the sheriff shall pay the cost of publishing the notice; of the tick eradication process, including dipping and all costs of taking up, feeding, caring for, and selling of the animals; and attorney's fees.  The surplus, if any, shall be paid first to the holder or owner of any notes secured by chattel mortgage on the animals, and the balance, if any, shall be paid to the owner of the animals, the sheriff taking due receipt therefor.  If the owner cannot be ascertained within five days after the sale, the sheriff shall immediately pay the surplus to the Louisiana State Livestock Sanitary Board, taking due receipt therefor and keeping a proper record, which shall be open to public inspection.  If the owner of the animals shall, within six months after the proceeds are turned over to the Louisiana State Livestock Sanitary Board, prove to the satisfaction of the board that he was the owner of the animals, then upon the order of the board, the surplus shall be refunded to the owner.  Provided, however, that the provisions of this Section shall not apply to the owner of any cattle who has filed with the parish board a declaration stating the total number of cattle owned by the declarer, the location of the cattle, and that the declarer of the animals is physically or financially unable to attend to the dipping of the animals.  The written declaration shall be filed with the parish board five days prior to any dipping date and the chairman of the parish board shall furnish a certified copy of the declaration to the representative of the Louisiana State Livestock Sanitary Board at least two days prior to any dipping date, which declaration shall be a matter of public record and subject to inspection by anyone.  Whenever anyone has made the declaration as hereinabove provided for, all expenses of dipping shall be paid for by the Louisiana State Livestock Sanitary Board.  The parish board shall consist of three members in each parish in each zone where tick eradication has begun, which board shall be appointed for each parish as follows: one member shall be appointed by the parish, one by the district judge, and one by the Louisiana State Livestock Sanitary Board.