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



The department of agriculture may agree with
the owner of any animal as to the valuation thereof.  In case no agreement can
be reached as to the valuation of any animal, the department shall choose some
disinterested citizen, the owner another, and the two so chosen shall designate
a third, the three to act as appraisers who shall appraise the animal and whose
decision or the decision of a majority thereof shall be final.  All appraisals
of cattle under this section, whether by agreement or by the appraisers, shall
be based upon the market value of the animal so condemned on the day of
appraisal, whether for breeding purposes or for milk production.  All
appraisals shall be signed by the owner and the appraisers and shall be
reported to the department.  Compensation for appraisers shall be $2.50 per day
and their necessary traveling expenses, which compensation shall be borne by
the owner in case the appraisers fail to increase the valuation made by the
department; otherwise, the appraisers shall be paid by the department.



The amount of indemnification having thus been
ascertained, the owner may present to the state comptroller a claim against the
State therefor.  A warrant for the payment of the claim shall be made upon
vouchers approved by the department and supported by the inspector's report on
the presence or otherwise of tubercular lesions; provided that no
indemnification shall be paid:



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



(2)  For any animal which has been placed in herds
known to be infected at the time, unless the animal is found upon post mortem
not to be tubercular;



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



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



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



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



In case of any report or ruling adverse to the
owner thereof, the owner shall be given a hearing before the department before
a 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; RL
1935, §225; RL 1945, §1079; RL 1955, §20-20; am L 1957, c 152, §1; am L Sp 1959
2d, c 1, §22; am L 1961, c 132, §2; HRS §142-19; gen ch 1985]