163.15  Indemnifying owner.

Whenever any animal is found to be infected with one of the contagious diseases enumerated in section 163.2 or one which has been designated by the department thereunder, if there be no other provisions for indemnifying the owner in case the same be condemned and ordered by the department to be killed, and the secretary of agriculture determines that the existence of said communicable disease constitutes a threat to the general welfare or the public health of the inhabitants of the state, the secretary shall formulate a program of eradication including therein the condemnation and killing of the infected animals; provided however, that said program shall not be put into effect as hereinafter provided until the same has been approved by the executive council.

Any animal killed under such a program shall be appraised by three competent and disinterested persons, one to be appointed by the state department of agriculture and land stewardship, one by the owner, and the third by the other two, and it shall be their duty to appraise and report their appraisal under oath to the department of agriculture and land stewardship, and they shall receive such compensation and expenses as shall be provided for in the program. Any claim for indemnity filed by the owner of such animal or animals so appraised shall not exceed the amount agreed upon by the majority of the appraisers based on current market prices except in the case of registered purebred stock, then the amount payable for indemnity may exceed market prices by not more than fifty percent less any indemnity which the owner might be allowed from the United States department of agriculture. No indemnity shall be allowed for infected animals if it is determined by the department of agriculture and land stewardship that such animals have been fed raw garbage. Claims for indemnity and those filed by the appraisers for compensation and expenses shall be filed with the secretary of agriculture and submitted by the secretary to the executive council for its approval or disapproval. There is appropriated from any funds in the state treasury not otherwise appropriated sufficient funds to carry out the provisions of this section.

Section History: Early form

  [SS15, § 2538-1a-8a; C24, 27, 31, 35, 39, § 2657; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 163.15]

Internal References

  Referred to in § 163.16

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