Re: A mini rant about commercial pollinators
Better check the regulations concerning abandoned hives for your state. In Texas, the Office of the Chief Apiary Inspector is the only one with the power to order the seizure and sale of abandon hives. They also are the ones who determine if the hives are in fact "abandon". They must either notify the owner via certified mail, or if they can't find them, they must publish notification of the intent to seize for 5 consecutive days in a local publication. In addition, if they do seize and sell them, they are required to advance the proceeds to the owner of the bees and or equipment sold less the cost of the sale. Again if the owner cannot be located the funds are turned over to the state and placed in the state's unclaimed property fund.
Originally Posted by oldenglish
In our state, there is no justification for any private citizen to seize or use the property of a beekeeper, even if it is considered abandon. Doing so is a violation of the law and will subject that person to criminal prosecution. There is legal recognition that an agreement exists between the beekeeper and the landowner (verbal or otherwise) and it also appears that this agreement by default has limited survival when the land ownership changes. Unless you have it in writing, the fact that the land owner or his heirs/assigns has lost contact with the beekeeper does not give them the right to appropriate his property. Absent any written agreement to the contrary, their single avenue of recourse lies with the Office of the Chief Apiary Inspector. Our laws contain fairly strong protection of chattel property rights at least as far as beekeepers are concerned.
Last edited by Gene Weitzel; 09-14-2009 at 06:09 PM.
"The UNKNOWN, huh? That would be SNORBERT ZANGOX over in Waycross."