2007 Oregon Code - Chapter 607 :: Chapter 607 - Livestock Districts - Stock Running at Large
Chapter 607 —
Livestock Districts; Stock Running at Large
2007 EDITION
LIVESTOCK DISTRICTS; STOCK RUNNING AT LARGE
ANIMALS
GENERAL PROVISIONS
607.005Â Â Â Â Definitions
607.007    “Adequate
fence,” “estray,” “taking up” defined
LIVESTOCK DISTRICTS
607.008Â Â Â Â Incorporated
cities are livestock districts
607.010Â Â Â Â Petition
for creation of district
607.012Â Â Â Â Boundaries
of proposed district
607.013Â Â Â Â Hearing
on proposed formation of district
607.015Â Â Â Â Election
to create livestock district
607.020Â Â Â Â Changing
boundaries and dissolution of districts
607.025Â Â Â Â Cash
deposit by petitioners for special election
607.040Â Â Â Â Notice
of creation of a livestock district; filing of documents by county clerk
607.042Â Â Â Â Livestock
district not to petition for or vote on another district covering same class of
animals; only one election a year on same proposal
607.043Â Â Â Â Land
entirely enclosed by federal land
607.044Â Â Â Â Civil
liability for livestock at large in livestock district
607.045Â Â Â Â Livestock
at large in livestock districts
607.051Â Â Â Â Status
of districts designated by order of State Department of Agriculture
607.055Â Â Â Â Application
of livestock confinement laws to federal lands
STOCK RUNNING AT LARGE ON
607.261Â Â Â Â Stock
running at large on open range
TAKING UP AND SELLING ANIMALS; ESTRAYS;
INTERFERING WITH ANIMALS
607.300Â Â Â Â Determining
adequacy of fences
607.303Â Â Â Â Owner
or lessee of property taking up livestock unlawfully permitted to run at large;
notice to owner and department
607.304Â Â Â Â Delivery
of livestock to department or owner; payment of costs to person taking up
livestock; arbitration; fees
607.308Â Â Â Â Alternative
procedure for person taking up livestock
607.311Â Â Â Â Taking
up estray prohibited without giving notice
607.313Â Â Â Â Notice
to department by persons taking up estrays; recovery of costs
607.321Â Â Â Â Investigation
by department upon receipt of notice; procedure if department determines estray
owner
607.328Â Â Â Â Procedure
for sale of estrays; notice
607.332Â Â Â Â Claim
by owner before sale
607.336Â Â Â Â Title
of purchaser at sale
607.337Â Â Â Â Use
of proceeds from sale
607.338Â Â Â Â Use
of proceeds where private person has taken up livestock; arbitration of costs;
fee
607.339Â Â Â Â Liability
of department
607.341Â Â Â Â Jurisdiction
of courts
607.344    “Freshly
branded” defined for ORS 607.345 to 607.360
607.345Â Â Â Â Interfering
with calves and colts on open range; selling freshly branded cattle or horses
607.350Â Â Â Â Producing,
on demand, the mothers of calves or colts
607.355Â Â Â Â Disposal
of calves and colts wrongfully held
607.360Â Â Â Â Applicability
of statutes regulating handling of calves and colts
607.365Â Â Â Â Driving
domestic animals from range
REGULATION OF STOCK ON CERTAIN HIGHWAYS
607.505Â Â Â Â Stock
running at large and grazing on
607.510Â Â Â Â Stock
running at large and grazing on certain state highways
607.515Â Â Â Â Stock
at large or grazing on highway from Canyonville to
607.520Â Â Â Â Stock
running at large on highways in
607.527Â Â Â Â Stock
herded or grazed on interstate and defense highways
PENALTIES
607.992Â Â Â Â Penalties
GENERAL PROVISIONS
     607.005
Definitions. As used in this
chapter:
     (1) “Class of livestock” means a class,
species, genus or sex of livestock, including a class, species or genus of
neutered livestock.
     (2) “Department” means the State
Department of Agriculture.
     (3) “Federal land” means a tract of land
containing 25,000 acres or more owned or administered by, or under the
jurisdiction of, the
     (4) “Livestock” means animals of the
bovine species, horses, mules, asses, sheep, goats and swine.
     (5) “Livestock district” means an area
wherein it is unlawful for livestock or a class of livestock to run at large.
     (6) “Open range” means an area wherein
livestock may lawfully be permitted to run at large. [Amended by 1957 c.604 §2;
part derived from 1957 c.604 §§17,28; 1971 c.647 §132; 1981 c.413 §5; 1983 c.83
§107]
     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]
LIVESTOCK
DISTRICTS
     607.008
Incorporated cities are livestock districts. All incorporated cities are livestock districts. [1957 c.604 §3]
     607.010
Petition for creation of district. (1) An elector who desires to create a livestock district may petition
the county court or board of county commissioners to hold an election for such
purpose. The petition shall be filed with the county clerk of the county
wherein the district is sought to be created, shall set forth the name by which
the proposed district is to be designated, and shall describe the boundaries
thereof.
     (2) The petition shall contain the
signatures of six or more electors from each precinct, or portion of precinct,
included within the boundaries of the proposed district; but in no case shall
the petitioners be required to obtain the signatures of more than 100 electors.
No person shall sign the petition unless the person owns real property within
the proposed livestock district.
     (3) The proposed livestock district shall
contain not less than 2,000 acres.
     (4) The petition shall state what
livestock or class or classes thereof are not to be permitted to run at large
within the proposed livestock district. A class of livestock may be further
designated or described by minimum or maximum age limits or by breed. [Amended
by 1957 c.604 §4]
     607.012
Boundaries of proposed district. The boundaries of the proposed livestock district shall follow
subdivision lines of sections, section lines, township lines, donation land
claim boundaries or lines, lakes, rivers, the boundary line of this state,
public roads or county boundary lines, except that the boundary of an
established livestock district may be used as a boundary for the proposed
livestock district if the districts are adjacent to each other and will have a
common boundary line. [1957 c.604 §5]
     607.013
Hearing on proposed formation of district. (1) Upon receiving a petition as provided in ORS 607.010, the county
court or board of county commissioners shall make an order declaring its
intention to hold a hearing on the petition, naming the proposed district and
describing its boundaries.
     (2) The order shall fix the time and place
for the hearing. The time shall be not less than 30 days after the making of
the order. The county court or board of county commissioners shall direct the
county clerk to publish a notice of the hearing in a newspaper of general
circulation in the county. The notice shall be headed: “Notice of the Proposed
Formation of ______ Livestock District,
     (3) At the hearing any person interested
may appear and present evidence relating to the petition. If, after a full
hearing, the county court or board of county commissioners is of the opinion
that the boundaries of the proposed livestock district should be changed, the
county court or board of county commissioners may make the necessary changes. [1957
c.604 §§6,7]
     607.015
Election to create livestock district. Within 15 days after the hearing, the county court or board of county
commissioners shall call an election to be held in the proposed district. The
election shall be conducted in accordance with ORS chapter 255. The notice
shall clearly state that the purpose of the election is to make it unlawful to
permit livestock or a class of livestock to run at large within the boundaries
described. [Amended by 1957 c.604 §8; 1971 c.647 §133; 1975 c.647 §50; 1983
c.350 §317]
     607.020
Changing boundaries and dissolution of districts. (1) Any area containing 2,000 acres or more
may be withdrawn from a livestock district, or a complete dissolution may be
effected in the same manner as creation of a livestock district as provided in
ORS 607.005 to 607.045. The notice of election for withdrawal or dissolution
shall clearly state that the purpose of the election is to allow livestock or a
class of livestock to run at large within the boundaries described.
     (2) The boundary of an area to be
withdrawn from a livestock district shall be drawn in compliance with ORS
607.012, except to the extent that it follows the boundary of the livestock
district.
     (3) No withdrawal from a livestock
district shall be allowed if the area remaining within the livestock district
will be less than 2,000 acres.
     (4) Any withdrawal from or dissolution of
a livestock district which is the subject of an order of the State Department
of Agriculture issued under section 33, chapter 604, Oregon Laws 1957, shall be
made with reference to the boundaries established thereby.
     (5) Any area may be annexed to an existing
livestock district in the same manner as creation of a livestock district as
provided in ORS 607.005 to 607.045, except that:
     (a) The area may be less than 2,000 acres;
     (b) The petition for annexation may contain
the signatures of fewer than six electors registered in the area proposed to be
annexed, without regard to the precincts in which the electors are registered;
     (c) The election procedures provided in
ORS 607.015, and the notice and order provided in ORS 607.013, shall only apply
to and be carried out in the area proposed to be annexed; and
     (d) The electors on a proposed annexation
shall be limited to those registered in the area to be annexed.
     (6) Notwithstanding subsection (5) of this
section and ORS 607.015, when a petition for annexation is signed by all the
owners of all the land in the area proposed to be annexed or is signed by a
majority of the electors registered in the area proposed to be annexed and by
the owners of more than half of the land in the area, an election on the
proposed annexation shall not be held in either the district or the area
proposed to be annexed.
     (7) When an annexation election is
dispensed with under subsection (6) of this section, the county governing body,
after the hearing on the petition for annexation, shall enter an order
describing the boundaries of the area and declaring it annexed to the district.
The annexation shall be effective on the date of entry of the order by the
county governing body. [Amended by 1957 c.604 §9; 1977 c.308 §1; 1983 c.83 §108;
1995 c.268 §1]
     607.025
Cash deposit by petitioners for special election. When, at the request of the petitioners, the
election is to be held on a day other than one on which a primary election or
general election is scheduled to be held, and if the request is approved by the
county court or board of county commissioners, one or more of the petitioners
shall deposit money with the county clerk in an amount to be fixed by the
county court or board of county commissioners, which shall be a sum deemed by
it sufficient to defray the probable expenses of the special election. Until
the money is deposited, the county clerk shall neither take action nor incur
expense in connection with the special election. If the amount deposited
exceeds the total expenses of the election, as ascertained by the county clerk
and certified by the county clerk to the county court or board of county
commissioners, the excess shall be returned to the petitioner or petitioners
who deposited the money. [Amended by 1957 c.604 §10; 1995 c.712 §110]
     607.030 [Amended by 1957 c.604 §11; repealed by 1971
c.647 §149]
     607.035 [Repealed by 1971 c.647 §149]
     607.040
Notice of creation of a livestock district; filing of documents by county
clerk. (1) If a majority of
all the votes cast is in favor of the creation of the livestock district, the
county clerk shall give notice thereof by publication, in a newspaper of
general circulation in the county, once a week for two consecutive weeks, that
on and after the 60th day from the date of the first publication of the notice
it shall be unlawful for livestock or a class of livestock to be permitted to
run at large within the boundaries of the livestock district. The notice shall
state the name by which the district is to be known, the boundaries thereof and
shall also set forth the penalties for violation of ORS 607.045.
     (2) The county clerk shall file a copy of
the notice, copies of all other published notices, the petitions and all other
data or documents relating to the district in the county records in a book,
record or file identified as “Livestock Districts.” No other type of data or
documents shall be filed therein. The county clerk shall also mail one
certified copy of the final published notice, as provided in this section, by
certified or registered mail to the State Department of Agriculture. Creation,
withdrawal from or dissolution of a district shall not be effective until and
unless the department has been so notified. [Amended by 1957 c.604 §12]
     607.042
Livestock district not to petition for or vote on another district covering
same class of animals; only one election a year on same proposal. (1) The electors of a livestock district
shall not petition for or vote on a proposed livestock district which includes
their livestock district within its boundaries, unless the petition or election
relates to a class of livestock different from that which is not permitted to
run at large in their district.
     (2) An election shall not be held for the
creation or dissolution of or withdrawal from a livestock district in the same
area within one year from the date of a prior election on the same proposal. [1957
c.604 §13]
     607.043
Land entirely enclosed by federal land. The creation or dissolution of a livestock district shall not affect
land entirely enclosed by federal land, unless the enclosed land is accurately
and completely described in the petition. The electors residing on the enclosed
land shall not vote on the creation or dissolution of such a district unless
the enclosed land is accurately and completely described in the petition. [1957
c.604 §14]
     607.044
Civil liability for livestock at large in livestock district. A person shall be liable to the owner or
lawful possessor of land if the person permits an animal of a class of
livestock to run at large upon such land and the land is located in a livestock
district in which it is unlawful for such class of livestock to be permitted to
run at large. [1957 c.604 §15]
     607.045
Livestock at large in livestock districts. (1) No person owning or having the custody, possession or control of
an animal of a class of livestock shall permit the animal to run at large or to
be herded, pastured or to go upon the land of another in a livestock district
in which it is unlawful for such class of livestock to be permitted to run at
large.
     (2) This section is not intended to
prohibit a person from driving livestock along a public road.
     (3) Justice and circuit courts have
concurrent jurisdiction of actions for the prosecution of violations of this
section. [Amended by 1957 c.604 §16]
     607.050 [Repealed by 1957 c.604 §41]
     607.051
Status of districts designated by order of State Department of Agriculture. The livestock districts designated by order
of the State Department of Agriculture under section 33, chapter 604, Oregon
Laws 1957, shall be subject in all respects to the provisions of ORS 607.005 to
607.045. [1957 c.604 §37]
     607.055
Application of livestock confinement laws to federal lands. To the extent permitted by federal law,
lands owned or administered by or under the jurisdiction of the
     Note: 607.055 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 607 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     607.105 [Repealed by 1957 c.604 §41]
     607.110 [Repealed by 1957 c.604 §41]
     607.115 [Repealed by 1957 c.604 §41]
     607.120 [Repealed by 1957 c.604 §41]
     607.125 [Repealed by 1957 c.604 §41]
     607.130 [Repealed by 1957 c.604 §41]
     607.135 [Repealed by 1957 c.604 §41]
     607.140 [Repealed by 1957 c.604 §41]
     607.205 [Repealed by 1957 c.604 §41]
     607.210 [Repealed by 1957 c.604 §41]
     607.215 [Repealed by 1957 c.604 §41]
     607.220 [Repealed by 1957 c.604 §41]
     607.225 [Repealed by 1957 c.604 §41]
     607.230 [Repealed by 1957 c.604 §41]
     607.235 [Repealed by 1957 c.604 §41]
     607.240 [Repealed by 1957 c.604 §41]
     607.245 [Repealed by 1957 c.604 §41]
     607.250 [Repealed by 1957 c.604 §41]
     607.255 [Repealed by 1957 c.604 §41]
     607.260 [Repealed by 1957 c.604 §41]
STOCK RUNNING
AT LARGE ON
     607.261
Stock running at large on open range. (1) No person shall turn upon, or allow to run upon, the open range,
any bull other than a purebred bull of a recognized beef breed. The State
Department of Agriculture shall by regulation define “purebred bull of a
recognized beef breed.” No person shall turn upon, or allow to run upon, the
open range, any female breeding cattle unless the person turns with such female
breeding cattle one purebred bull of a recognized beef breed for every 25
females or fraction thereof of 10 or over.
     (2) No owner of any stallion or jackass,
of the age of 18 months or more, shall permit it to run upon the open range
during the period April 1 to October 31 of each year. No owner of any ram shall
permit it to run at large upon the open range during the period July 1 to
October 31 of each year. [1957 c.604 §18]
TAKING UP AND
SELLING ANIMALS; ESTRAYS; INTERFERING WITH ANIMALS
     607.300
Determining adequacy of fences.
Whenever livestock has broken through a fence on the open range and a
determination of the adequacy of the fence is necessary in order to determine
if such livestock is an estray, the State Department of Agriculture shall make
the determination of the adequacy of the fence and shall consider, among other
things, the customs and practices of good husbandmen in the particular area
with reference to fences. [1971 c.579 §3]
     607.301 [1953 c.367 §1; 1957 c.604 §19; repealed by
1971 c.579 §9]
     607.303
Owner or lessee of property taking up livestock unlawfully permitted to run at
large; notice to owner and department. (1) A person who finds livestock unlawfully being permitted to run at
large upon the premises of the person, or premises of which the person has
lawful possession or control, may take up the livestock if the owner thereof is
known to the person.
     (2) A person taking up livestock shall
within five days give notice of the taking up by certified or registered mail
addressed to the owner or person having control of the livestock. The notice
shall:
     (a) Contain a concise description of the
livestock, including marks and brands, if any.
     (b) State that the livestock will be
released to and sold by the State Department of Agriculture as an estray unless
redeemed before such sale.
     (c) Designate the time and place of sale,
as approved by the department. The sale shall be held not less than 30 days nor
more than 45 days from the date of the taking up.
     (3) A person taking up livestock shall
within five days of giving the notice provided in subsection (2) of this
section forward a copy of the notice to the department or give a copy of the
notice to a brand inspector or other agent of the department. [1957 c.604 §24]
     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.
     (2) If the owner of the livestock does
appear, the livestock shall be delivered 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.
     (3) The person taking up the livestock,
upon 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 arbitratorÂ’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 ownerÂ’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.
     (b) If the person taking up the livestock
fails to give the notice required by subsection (6) of this section, such
personÂ’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 ownerÂ’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 livestock of a known
owner, in lieu of following the procedure established by ORS 607.303 and
607.304, may, within five days after the taking up, 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 ownerÂ’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 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.
     (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 itself for the costs described in
ORS 607.337 (1), and from the balance, if any, pay to 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 departmentÂ’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 itself and has paid
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]
     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]
     607.344
“Freshly branded” defined for ORS 607.345 to 607.360. As used in ORS 607.345 to 607.360, “freshly
branded” means any animal on which there is a brand that has not been peeled
off or entirely healed. [Formerly 607.305]
     607.345
Interfering with calves and colts on open range; selling freshly branded cattle
or horses. No person shall:
     (1) Hold under herd, confine in any
pasture, building, corral or other enclosure, or picket out, hobble or tie
together, or in any manner interfere with the freedom of calves or neat cattle
or colts of horses, on the open range, which are less than seven months old,
unless such animals are accompanied by their mothers.
     (2) Sell or offer to sell any freshly
branded neat cattle or horses.
     607.350
Producing, on demand, the mothers of calves or colts. The person, separating calves or colts from
their mothers shall, upon demand of the sheriff, inspector or other officer,
produce, within a reasonable time, the mother of each such animal, so that the
interested parties may ascertain if the animal, so produced as the mother
thereof, does or does not claim or suckle such calf or colt.
     607.355
Disposal of calves and colts wrongfully held. All animals held in violation of ORS 607.345 or 607.350 shall be
considered estrays. The nearest stock inspector, as soon as the stock inspector
has knowledge thereof, shall cause them to be disposed of as estrays under the
estray laws in force in the stock inspectorÂ’s county or district.
     607.360
Applicability of statutes regulating handling of calves and colts. ORS 607.345 to 607.355 do not apply to:
     (1) The calves of milch cows where such
cows are actually used to furnish milk for household purposes or for carrying
on a dairy.
     (2) Any freshly branded animal which has
been branded previously with an older and duly recorded brand, and for which
animal the claimant has a legally executed bill of sale from the owner of the
older brand on such animal.
     (3) Young animals under the age of 10
months which are accompanied by their mothers.
     (4) Animals other than cattle or horses,
or the offspring thereof, which during some period of the year run at large
upon the public range.
     607.365
Driving domestic animals from range. (1) No person, who is not the owner of such animal, shall take or
drive, cause to be taken or driven, or assist in driving or taking away any
horse, gelding, mare, foal, mule, ass, jenny, bull, cow, heifer, steer, calf,
sheep, hog or any other domestic animal from the range or place where it is
lawfully grazing, pasturing or ranging, or in the habit of ranging, or where it
has been herded or placed by the owner thereof, for a distance of more than 10
miles from such place.
     (2) Persons violating this section shall
be liable to the owner of such animal for all damages sustained by reason of
such driving or taking away of such domestic animal.
     (3) All fines collected for violations of
this section shall be paid over to the county treasurer of the county in which
the offense was committed, and used for the support of common schools within
such county. [Formerly 606.210]
     607.405 [Repealed by 1957 c.604 §41]
     607.410 [Repealed by 1957 c.604 §41]
     607.415 [Repealed by 1957 c.604 §41]
     607.420 [Repealed by 1957 c.604 §41]
     607.425 [Repealed by 1957 c.604 §41]
     607.430 [Repealed by 1957 c.604 §41]
     607.435 [Repealed by 1957 c.604 §41]
     607.440 [Repealed by 1957 c.604 §41]
     607.445 [Repealed by 1957 c.604 §41]
REGULATION OF
STOCK ON CERTAIN HIGHWAYS
     607.505
Stock running at large and grazing on
     (2) As used in this section, “state highway”
includes only those highways over which the Department of Transportation has
control.
     607.510
Stock running at large and grazing on certain state highways. No person shall allow cattle, horses, mules,
sheep, goats, swine or other livestock of any kind, to run at large, be
pastured, staked or tethered upon the following state highways:
     (1) That part of the
     (2) That part of the
     (3) That part of the
     (4) That part of the
     (5) That part of the
     607.515
Stock at large or grazing on highway from Canyonville to
     607.520
Stock running at large on highways in
     607.525 [Repealed by 1957 c.604 §41]
     607.527
Stock herded or grazed on interstate and defense highways. (1) Notwithstanding ORS 366.460, 366.465,
374.340 and 607.045 (2) and notwithstanding the existence of an open range
area, except as provided by subsection (2) of this section, no person, except
in case of emergency, shall drive, herd, pasture, graze, range, tether or stake
any livestock, as defined by ORS 607.005, within the boundaries of the right of
way for a state highway that is part of the national system of interstate and
defense highways, to wit: Interstate 5, Interstate 84, or Interstate 82. This
section is not intended to prohibit the hauling of livestock, in vehicles, on a
highway or the use of structures or undercrossings, constructed and approved as
provided by law, as stock ways, nor to abrogate a duty provided under ORS
607.303 to 607.341.
     (2) Upon application by an owner or person
in charge of livestock, the Director of Transportation or duly authorized local
representative may issue written permits, on such terms as the person finds
proper, authorizing the owner or person in charge of livestock to herd or drive
the livestock on a single trip across or within the boundaries of a right of
way for a highway as described in subsection (1) of this section. [1963 c.350 §1;
1993 c.741 §70]
     607.530 [Amended by 1955 c.275 §1; repealed by 1957
c.604 §41]
     607.535 [Repealed by 1957 c.604 §41]
     607.540 [Repealed by 1957 c.604 §41]
     607.545 [Repealed by 1957 c.604 §41]
     607.550 [Repealed by 1957 c.604 §41]
     607.555 [Repealed by 1957 c.604 §41]
     607.560 [Repealed by 1957 c.604 §41]
     607.565 [Repealed by 1957 c.604 §41]
     607.570 [Repealed by 1957 c.604 §41]
     607.575 [Repealed by 1957 c.604 §41]
     607.605 [Repealed by 1957 c.604 §41]
     607.610 [Repealed by 1957 c.604 §41]
     607.615 [Repealed by 1957 c.604 §41]
     607.620 [Repealed by 1957 c.604 §41]
     607.625 [Repealed by 1957 c.604 §41]
     607.630 [Repealed by 1957 c.604 §41]
     607.635 [Repealed by 1957 c.604 §41]
     607.640 [Repealed by 1957 c.604 §41]
     607.645 [Repealed by 1957 c.604 §41]
     607.650 [Repealed by 1957 c.604 §41]
     607.655 [Repealed by 1957 c.604 §41]
PENALTIES
     607.990 [Amended by 1953 c.367 §13; subsection (2)
of 1963 Replacement Part enacted as 1957 c.604 §39; subsection (3) of 1963
Replacement Part enacted as 1953 c.367 §10; subsection (5) of 1963 Replacement
Part formerly 606.990; subsection (10) of 1963 Replacement Part enacted as 1963
c.350 §2; repealed by 1967 c.113 §2 (607.992 enacted in lieu of 607.990)]
     607.992
Penalties. Violation of any
provision of this chapter is a misdemeanor. [1967 c.113 §3 (enacted in lieu of
607.990)]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.