81-5-111. Disposition of proceeds. (1) After deducting the expenses of retaining the vehicle, equipment, or personalty and the cost of the sale, the officer making the sale or the department, if it retains the vehicle, equipment, or personalty, shall pay all liens to the extent that the balance of sale proceeds permit, according to the lien priorities that are established by intervention or otherwise. A lien must be bona fide and have been created without the lienor having any notice or reasonable cause to believe that the vehicle, equipment, or personalty was being or was to be used for the theft or illegal transportation.
(2) The proceeds from the sale of vehicles, equipment, and personalty provided for in 81-5-110 must be deposited in the state general fund.
History: En. Sec. 2, Ch. 80, L. 1931; re-en. Sec. 11552.2, R.C.M. 1935; Sec. 94-35-205, R.C.M. 1947; redes. 46-3006 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 200, Ch. 310, L. 1974; R.C.M. 1947, 46-3006; Sec. 81-5-107, MCA 1983; redes. 81-5-111 by Code Commissioner, 1985; amd. Sec. 4, Ch. 108, L. 1993; amd. Sec. 8, 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