25 C.F.R. § 166.811
How will the sale of impounded livestock or other property be conducted?
(a) Unless the owner or known lien holder of the impounded livestock or other property redeems the property prior to the time set by the sale, by submitting proof of ownership and settling all obligations under § 166.804 and § 166.812 of this subpart, the property will be sold by public sale to the highest bidder.
(b) If a satisfactory bid is not received, the livestock or property may be re-offered for sale, returned to the owner, condemned and destroyed, or otherwise disposed of.
(c) We will give the purchaser a bill of sale or other written receipt evidencing the sale.
Notes of Decisions
Cited in 2
cases, 2016–2019 · leading case: Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016).
Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016). “However, the court reminds the defendant of the BIA’s obligation to sell the impounded livestock by public sale to the highest bidder in accord with 25 CFR § 166.811 . Mr. Her Many Horses’ motion to sell the cattle is denied as moot.”
Temple v. Lawrence Roberts (D.S.D. 2019). “25 C.F.R. § 166.811 . The term public sale is not defined.”
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