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The Colorado Department of Agriculture and the Park County Sheriff’s Office confiscated hundreds of cattle from a property near Hartsel beginning Friday under a state livestock protection law.

No charges have been filed against the cattle’s owner, Vern Wagner.

“The Department of Agriculture and the Park County sheriff discovered 100 dead cattle, and the remaining cattle were extremely thin,” said Christi Lightcap, communications director for the Colorado Department of Agriculture. “Our main goal right now is to protect those cattle and be sure they get proper nutrition.”

It’s unclear where the cattle will be housed or what will happen to them, though some will likely be sold, Lightcap said.

The cattle were seized after a motion to stay that action was denied by a Fairplay judge on Friday, said Jennifer Edwards, founder of The Animal Law Center and attorney for 77-year-old Wagner. She describes the seizure as “groundless” and wanted officials to hold off on the decision until a hearing scheduled for Tuesday.

“This is incredibly unusual; it was not unreasonable to request a stay of seizure for four days,” Edwards said.

Wagner runs 130,000 acres of combined private and leased land, he said, with approximately 1,300 cattle and 140 horses on the property.

“Animal control, they are out of control,” said Wagner, who thinks the investigation and accusations stem from an ongoing land dispute with nearby residents.

“I am very good to my stock . . . (other residents) resent me tying up a lot of land,” Wagner said. If he doesn’t use the leased land, he’ll lose it, he added.

Wagner estimates the value of the seized cattle at $500,000 to $1 million.

His free-range ranching practice might confuse some people too, Edwards said.

“Free range is kind of the Old West style, allowing cattle to graze freely without constant maintenance,” Edwards said, and harsh winter weather sometimes claims a percentage of cattle.

Edwards tried to have local veterinarians examine the cattle for additional expert opinion, but officials denied her access to the animals, she said.

“I was told I would be arrested if I did not leave,” Edwards said.

Heather McWilliams: 303-954-1698 or hmcwilliams@denverpost.com

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