§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]