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State seizes dogs

Kansas Animal Health Department inspected the property at 1753 190th Road, west of Marion, March 4, which resulted in animals being seized and held in the state’s custody.

According to Debra Duncan, director of animal facilities inspection program, 46 dogs were seized. The agency has authority to complete the inspection without the owner being present.

A public notice in the Marion County Record prompted the inspection. In that notice, the personal effects of a former tenant were going to be sold. To do so, Farmers State Bank of Galva, the bank involved in a mortgage foreclosure of the property, had to notify the tenant and the public of the intent to sell the items.

In the public notice, the list included horses, cattle, chickens, guineas, household items and appliances, old vehicles, and contents of a shed. Also listed in the notice was “approximately 30 dogs.”

Duncan said a person has to have a license for 20 dogs or more, and the tenant, Martha Phillips, did not.

“There were 46 dogs found on the property,” Duncan said.

Named in the search warrant were Karole Lindgren, Ray Lindgren, Rocky Lindgren, Ryan Lindgren, Kena Lindgren, Irene Koehn, Eldon Ray Wedel and Garold J. Unruh, trustees of the Irene Koehn Revocable Trust, and Farmers State Bank.

The Lindgren family previously was convicted in a similar case when they were accused of neglecting animals.

According to state statute 47-1707, if the state animal health commissioner has reasonable grounds to believe a pet animal is not in a safe environment, the commissioner has the authority to seize and impound the animal, which is what occurred.

Livestock commissioner George Teagarden issued the emergency order of seizure, Duncan said.

“This is a civil action,” Duncan said. “We serve as a regulatory agency.”

The owner now has until March 18 to post a bond to cover costs of animal care. A disposition hearing will be scheduled, Duncan said.

The animals could be returned to the owner if adequate care can be provided or the state agency can sell the animals or have the animals euthanized.

Last modified March 11, 2009

 

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