81-5-110. Sale at public auction -- retention of property. (1) Vehicles, equipment, and personalty forfeited under 81-5-109 may be sold at public auction in the manner of sales of personal property under execution and may be sold by any sheriff, livestock inspector, or other peace officer.
(2) The department may retain the vehicles, equipment, and personalty forfeited under 81-5-109 for official use by the department, including personnel training. If the department retains forfeited property that it determines to be suitable for everyday use by department personnel, the department shall reduce similar property purchases accordingly.
(3) Money forfeited under 81-5-109 must be deposited in the state general fund.
History: En. Sec. 4, Ch. 80, L. 1931; re-en. Sec. 11552.4, R.C.M. 1935; Sec. 94-35-207, R.C.M. 1947; redes. 46-3008 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 46-3008; amd. Sec. 7, Ch. 563, L. 1985; Sec. 81-5-106, MCA 1983; redes. 81-5-110 by Code Commissioner, 1985; amd. Sec. 3, Ch. 108, L. 1993; amd. Sec. 7, Ch. 554, L. 2001.
Structure Montana Code Annotated
Chapter 5. Unlawful Transporting or Driving of Livestock
Part 1. Unlawful Driving of Animals
81-5-101. Moving livestock from customary range forbidden
81-5-102. Driving animals upon railroad track
81-5-103. Abandonment of sheep -- penalty
81-5-108. Answer to allegations concerning use of property
81-5-109. Presumption -- hearing -- disposition of vehicle and other property
81-5-110. Sale at public auction -- retention of property
81-5-111. Disposition of proceeds
81-5-112. Permit system for transportation of sheep -- penalty
81-5-113. through 81-5-120 reserved
81-5-121. Permit and inspection system for transportation of bison