(1) Except as provided in subsection (2) of this section, in order to transfer a recorded brand by sale, assignment or otherwise, the transferor shall submit a written, signed and witnessed document of transfer to the State Department of Agriculture, accompanied by an application of the transferee as prescribed in ORS 604.027 (1), accompanied by a brand transfer fee of $25. Upon determining that the brand transfer documents are in order, the department shall issue its certificate of recordation to the transferee.
(2) In the event of the death of a holder of a recorded brand, the person to whom it is transferred, either by will or the laws of descent and distribution, may have the brand recorded to the transferee or to another person upon submitting to the department within six months of the death of the holder of the recorded brand, either a copy of an order of a court having jurisdiction of the decedent’s estate directing such transfer accompanied by an application of the transferee as prescribed in ORS 604.027 (1) and the brand transfer fee prescribed in subsection (1) of this section, or if no court has jurisdiction of the decedent’s estate, an affidavit of the person entitled by the laws of descent and distribution to have the brand recorded to the person accompanied by an application of the transferee as prescribed in ORS 604.027 (1) and the brand transfer fee prescribed in subsection (1) of this section. The affidavit shall include:
(a) The name and address of the decedent and the date and place of death;
(b) The name and address of the affiant, and if the intended transferee is another person, the name and address of such person with a statement of intent to transfer to the person;
(c) A description of the recorded brand as prescribed in ORS 604.027 (1); and
(d) A statement that the affiant is entitled to have the described brand transferred to the affiant or to the other named person, and that the affiant agrees to the termination of the brand recordation should the affidavit be found false in any material respect.
(3) If the transfer documents prescribed in subsection (2) of this section are not submitted within six months after the death of the holder of the recorded brand, the brand recordation shall terminate and thereafter be available for recording by any person. [1981 c.248 §8]
Section: Previous 604.022 604.027 604.030 604.032 604.035 604.036 604.040 604.041 604.046 604.050 604.051 604.056 604.060 604.061 604.066 NextLast modified: August 7, 2008