§142-23.1  Hog cholera eradication;
indemnity.  When swine are destroyed by the state veterinarian as being
infected with hog cholera, or when noninfected swine are ordered destroyed to
depopulate an infected herd in accordance with procedures adopted in the
national hog cholera eradication program, the department of agriculture may
indemnify the owners of such swine; provided that the amount of the indemnity
shall not exceed fifty per cent of the difference between the appraised value
and the salvage value of the slaughtered swine; and provided further that in no
case shall the amount exceed the maximum amount authorized to be paid for such
swine by the federal government.



No indemnification shall be paid when the state
veterinarian finds that (1) the owner has not cooperated with the department in
complying with all rules and regulations issued by the department relative to
the control and eradication of hog cholera; or (2) the swine died of hog
cholera prior to the first report by the owner to the state veterinarian of the
existence of a disease in the herd.  The determination of the state
veterinarian that no indemnification be paid the owner for the destruction of
the owner's swine, may be appealed by the owner to the board of agriculture
within 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 in
writing between the owner and the state veterinarian, the state veterinarian's
assistant or deputy making the diagnosis of hog cholera, subject to approval by
the board.  In the event agreement on valuation cannot be so reached, valuation
shall be determined by a board of appraisers consisting of a disinterested
citizen appointed by the chairperson of the board of agriculture, a person
selected by the owner, and a third person selected by the two initially
selected appraisers.  The board of appraisers shall appraise the value of the
destroyed swine and the decision of a majority of the board of appraisers shall
be final and binding.



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



Compensation for the board of appraisers shall
be the amount of the state per diem and necessary travel expenses, which
compensation shall be paid by the owner if the board of appraisers does not
increase the valuation made by the state veterinarian, the state veterinarian's
assistant or deputy, with the approval of the board of agriculture; otherwise,
it shall be paid by the department.



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