§142-19  Indemnification for tuberculousanimals.  For any animal slaughtered, under section 142-18, the owner shallbe paid one-third the difference between the appraised value of each animal sodestroyed and the value of the salvage thereof; provided that in no case shallthe payment exceed $25 per head; except when no lesions are found, when apayment not to exceed $50 shall be made; and provided further that nocompensation shall be paid for tubercular steers or unregistered bulls.

The department of agriculture may agree withthe owner of any animal as to the valuation thereof.  In case no agreement canbe reached as to the valuation of any animal, the department shall choose somedisinterested citizen, the owner another, and the two so chosen shall designatea third, the three to act as appraisers who shall appraise the animal and whosedecision or the decision of a majority thereof shall be final.  All appraisalsof cattle under this section, whether by agreement or by the appraisers, shallbe based upon the market value of the animal so condemned on the day ofappraisal, whether for breeding purposes or for milk production.  Allappraisals shall be signed by the owner and the appraisers and shall bereported to the department.  Compensation for appraisers shall be $2.50 per dayand their necessary traveling expenses, which compensation shall be borne bythe owner in case the appraisers fail to increase the valuation made by thedepartment; otherwise, the appraisers shall be paid by the department.

The amount of indemnification having thus beenascertained, the owner may present to the state comptroller a claim against theState therefor.  A warrant for the payment of the claim shall be made uponvouchers approved by the department and supported by the inspector's report onthe presence or otherwise of tubercular lesions; provided that noindemnification shall be paid:

(1)  Unless the owner has cooperated with thedepartment in complying with all rules and regulations issued by the departmentrelative to the control and eradication of bovine tuberculosis and haspresented the owner's whole herd for testing;

(2)  For any animal which has been placed in herdsknown to be infected at the time, unless the animal is found upon post mortemnot to be tubercular;

(3)  For any imported animal condemned on retest whilein quarantine and before release from quarantine unless the animal is foundupon post mortem not to be affected with tuberculosis;

(4)  On any animal if introduced into a herd undersupervision within a period of less than six months prior to condemnation,unless the animal was obtained from a herd under state and federal supervisionfor the eradication of tuberculosis;

(5)  For any animal condemned for tuberculosis in anydairy herd under supervision where it appears that any untested animal has beenallowed to mingle or mix with the herd; and

(6)  For any animal from any dairy herd undersupervision, if any animal from the herd is allowed to mingle or come incontact with other cattle not under supervision, unless the cattle not undersupervision are proved by the tuberculosis test to be free from tuberculosis.

In case of any report or ruling adverse to theowner thereof, the owner shall be given a hearing before the department beforea final ruling is made. [L 1923, c 124, §4; RL 1925, §629; am L 1927, c 215,§2; am L 1929, c 99, §1; am L Sp 1932 2d, c 39, §3; am L 1933, c 57, §2; RL1935, §225; RL 1945, §1079; RL 1955, §20-20; am L 1957, c 152, §1; am L Sp 19592d, c 1, §22; am L 1961, c 132, §2; HRS §142-19; gen ch 1985]