(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]
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