When a person is trespassed upon or damaged by any livestock or takes into the person's custody any livestock under section 35-46-102, the claim for damages occasioned by the livestock may be arbitrated by a board of three arbitrators, at the option of the party aggrieved selecting one, the owner of the livestock selecting a second, and the two thus chosen selecting a third. The chosen arbitrators shall meet and act as a board of arbitration within five days after a written application for arbitration is made by either party and written notice given to the other party. The person that takes the livestock into custody shall notify in writing within five days after taking the livestock into custody the owner or person in charge of the livestock. If the owner or person in charge of the livestock is not known to the person taking the livestock into custody or cannot be found after diligent search and inquiry, then the person taking custody of the livestock shall publish within one week a notice containing a full description of the livestock, including all marks and brands as nearly as can be ascertained, in a newspaper published nearest the place where the alleged damage occurred. In the event the owner of the livestock cannot be found within ten days after the date of the publication of the notice, the livestock is an estray and the state board of stock inspection commissioners is entitled to the livestock subject to the lien for damage sustained and cost and care and feeding of the same by the person taking the livestock into custody. Such person shall deliver the livestock to the owner of the livestock whenever such owner furnishes the person so damaged by the livestock a bond in an amount that is double the amount of the damage claimed, executed by two responsible persons, satisfactory to the damaged party or approved by a county judge or district judge of the county, and conditioned upon the payment to the person taking custody of the livestock all damages and costs, if any such damages or costs are awarded.

Source: L. 17: p. 345, § 6. C.L. § 3158. CSA: C. 160, § 61. L. 53: p. 589, § 6. CRS 53: § 8-13-3. C.R.S. 1963: § 8-13-3. L. 64: p. 205, § 6. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 131, § 129, effective August 6.

Cross references: For disposition of estrays, see article 44 of this title 35.