§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]
Cross References
Administrative hearing, see chapter 91.