§ 7159.1. Sale of trespassing livestock.
(a) Process.--If the owner of the livestock fails to pay for the costs, damages and fees within one day of the filing of the report of the appraisers, the livestock shall be sold at a public sale. The following shall apply:
(1) The livestock must be described with particularity in a printed or written advertisement. The following shall apply:
(i) The advertisement must be posted at six of the most public places in the locale of the damaged property.
(ii) The advertisement must set forth a place and time of public sale of the livestock.
(2) At the named time and place, the livestock shall be sold to the highest bidder unless at any time prior to the sale the owner of the livestock shall pay all costs, damages and fees or has begun an action for replevin against the owner of the land.
(3) The constable shall remit a written report of the sale and all money realized from the sale of the livestock to the magisterial district judge. The following shall apply:
(i) The magisterial district judge shall pay the costs and damages to the land owner.
(ii) Not less than three, nor more than four, months after the sale, the magisterial district judge shall remit any surplus to the county treasurer in the county where the damage occurred.
(iii) The owner of the livestock shall have the right to submit proof of ownership to the magisterial district judge or the county treasurer at any time within two years of the sale to claim any surplus of the sale.
(4) If the sale results in a deficit, the payment shall be made as follows:
(i) First, the costs shall be paid in full or divided pro rata among the constable, magisterial district judge, the appraisers and the cost of care.
(ii) After the costs are paid in full, the remaining amount shall be paid to the owner of the land for any damage sustained.
(b) Redemption.--The owner of livestock impounded under this section shall have the right, at any time before the livestock are sold, to pay all the costs accrued and the amount of damages awarded in the appraisement in section 7159 (relating to trespassing livestock) and to recover the livestock.
(c) Replevin.--The owner may also recover the impounded livestock, at any time before the livestock are sold, through a successful action of replevin. The following shall apply:
(1) The action for replevin must be on the condition that the owner of the livestock pay all damages and fees, including:
(i) Amount of damages sustained by the land owner.
(ii) Costs of care.
(iii) Fees to the constable, magisterial district judge and the three disinterested appraisers.
(2) The damages and fees shall be itemized by costs, damages and fees.
(3) If a jury or the appraisers determine that the harm to the owner of the livestock was greater than the harm to the owner of the land, the owner of the livestock must still pay the costs and fees, but not to the attorney for the owner of the land.
(4) If a jury or the appraisers determine that the harm to the owner of the land is greater than the harm to the owner of the livestock, the court shall require the owner of the livestock to pay a reasonable fee to the attorney for the owner of the land.
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