§142-23.1  Hog cholera eradication;indemnity.  When swine are destroyed by the state veterinarian as beinginfected with hog cholera, or when noninfected swine are ordered destroyed todepopulate an infected herd in accordance with procedures adopted in thenational hog cholera eradication program, the department of agriculture mayindemnify the owners of such swine; provided that the amount of the indemnityshall not exceed fifty per cent of the difference between the appraised valueand the salvage value of the slaughtered swine; and provided further that in nocase shall the amount exceed the maximum amount authorized to be paid for suchswine by the federal government.

No indemnification shall be paid when the stateveterinarian finds that (1) the owner has not cooperated with the department incomplying with all rules and regulations issued by the department relative tothe control and eradication of hog cholera; or (2) the swine died of hogcholera prior to the first report by the owner to the state veterinarian of theexistence of a disease in the herd.  The determination of the stateveterinarian that no indemnification be paid the owner for the destruction ofthe owner's swine, may be appealed by the owner to the board of agriculturewithin twenty days after notice of such determination is sent to the owner. The board shall hold a hearing in accordance with chapter 91.

Valuation may be determined by agreement inwriting between the owner and the state veterinarian, the state veterinarian'sassistant or deputy making the diagnosis of hog cholera, subject to approval bythe board.  In the event agreement on valuation cannot be so reached, valuationshall be determined by a board of appraisers consisting of a disinterestedcitizen appointed by the chairperson of the board of agriculture, a personselected by the owner, and a third person selected by the two initiallyselected appraisers.  The board of appraisers shall appraise the value of thedestroyed swine and the decision of a majority of the board of appraisers shallbe final and binding.

All valuation of swine under this section,whether by agreement or by the board of appraisers, shall be based upon themarket value of the swine so destroyed as of the date of appraisal, whether forbreeding or feeding purposes.

Compensation for the board of appraisers shallbe the amount of the state per diem and necessary travel expenses, whichcompensation shall be paid by the owner if the board of appraisers does notincrease the valuation made by the state veterinarian, the state veterinarian'sassistant or deputy, with the approval of the board of agriculture; otherwise,it shall be paid by the department.

When the amount of indemnification has beenagreed to or decided by the board of appraisers, the owner shall present to thestate comptroller a claim against the State therefor.  A warrant for thepayment of such claim shall be issued upon vouchers approved by the chairpersonof the board and supported by the inspector's report. [L 1969, c 165, §2; am L 1970,c 39, §1; gen ch 1993]