KRS 257.105: Sale of unclaimed animals held by veterinarian.

(1) In addition to KRS 257.100 or any other provision authorized by law, any

unclaimed animal held by a licensed veterinarian for more than ten (10) days of

veterinary care and treatment requested by the owner or lawful possessor of the

animal may be summarily sold by the veterinarian for the reasonable value of the

animal upon compliance with the procedures set forth in this section.

(2) The veterinarian under subsection (1) of this section shall give written notice of the

required payment for services perform ed and notice of the proposed sale of the

animal to the owner or lawful possessor of the animal and to any lienholders of

record by certified mail. If the whereabouts of the owner or lawful possessor of the

animal cannot be ascertained with reasonable dili gence, a notice of the proposed

sale shall be published in a newspaper, qualified under KRS 424.120, circulated in

the county where the animal is located at least ten (10) days preceding the sale. The

notice shall state the amount due and the date, place and time of sale.

(3) The proceeds of a sale under this section shall first be used to reimburse the

veterinarian for an amount equal to the reasonable value of the veterinary care and

treatment, plus any other care and board given the animal; the excess am ount, if

any, from a sale shall be paid to the owner or lawful possessor of the animal or to

other persons legally entitled thereto. If the proceeds from the sale fail to cover the

amount owed the veterinarian, the owner or lawful possessor of the animal s hall

remain liable for the unpaid portion.

(4) A sale under this section shall not relieve the owner or lawful possessor of the

animal from any other obligation to the veterinarian.

(5) Any veterinarian making a sale provided for in this section shall make a sworn

statement setting forth the following:

(a) The kind and number of animals sold;

(b) The amount realized from any such sale;

(c) The amount claimed due by the veterinarian;

(d) The name of the former owner or lawful possessor requesting the care an d

treatment performed by the veterinarian on the animal or animals sold;

(e) The dates when the treatment was commenced and was completed;

(f) The date or dates when notice of the proposed sale was given the owner or

lawful possessor of the animal or animals sold;

(g) The description or the identification number of the animal or animals sold,

and if branded, the brand thereon;

(h) The name and address of the veterinarian making the sale; and

(i) The name and address of the purchaser of the animal or animals sold.

The record shall be filed within five (5) days of the sale in the office of the county

clerk of the county in which the sale is made.