REALIZING VALUE AND CREATING PROTECTION: A PRACTICAL APPROACH TO MONETIZING THE VALUE OF A RACEHORSE WHILE RETAINING CONTROL OVER FUTURE INTERESTS

Note Written By: Brad Butler

All countries that permit equine slaughterhouses or consider horse as a delicacy pose a serious threat to horses. Many horse breeders and original owners do not wish to see their former horses meet such barbaric ends. Clearly, the problem is not a domestic issue since there are no slaughterhouses in the United States. Rather, the problem lies in direct agreements with international purchasers that have no significant ties to the United States and agreements indirectly providing a future sale to a foreign party. The issue therefore is how to best realize the horse's value while maintaining the requisite degree of control over future ownership to prevent horse slaughter. However, retaining control over future interests requires restrictions to be placed on the property and restricted property will result in a lower demand for the property, thereby generating a lower selling price. Essentially, this note will determine the most profitable way to sell the horse and still retain control over the future of the horse.

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