Q: What are the laws pertaining to claiming ownership of lost pets?
The other night we took in a dog wandering on the street to get it off the street and in a safer environment. I have posted her picture in a few large facebook groups in my city trying to locate her rightful owner and we have taken her to the Humane Society and found she has a chip but it has been canceled and the last known address is 20+ miles from my residence so i find it highly unlikely that she wandered here from the address on the chip. Humane Society mentioned that if we wanted to we can claim ownership since the chip has been canceled. I do not want to fight any legal actions nor can i afford to.
A: Technically, animals are considered property in Colorado and the law on abandoned property is that the legal rights of the original owner are not severed until 5 years have passed. Obviously, that is a long time in the life of a dog. Shelters can sever ownership after 5 days. Given that you do not know who the owner is and the chip was canceled, it is conceivable that the original owner abandoned the dog, thus making the dog available to be claimed by anyone. Therefore, if you have made efforts to return the dog to the true owner and published such efforts, and given that the chip has been canceled, I would say you have strong claims to ownership. If the owner ever did find out you have his/her dog and tried to claim her back, the owner would have to sue you in court in replevin. Based on the facts you provided, I find it unlikely the owner would win, but if the owner does sue you, it would be in your best interest to speak to an experienced animal attorney to protect your rights.
Tristan Kenyon Schultz agrees with this answer
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