Appraisal of building, article or animal which is to be destroyed

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    (a)    (1)    This section does not apply to and the Department is not responsible for the reimbursement of any person whose flock of ducks dies or is quarantined and destroyed because of an infectious or contagious disease if those ducks were imported into the State without being certified as disease free.

        (2)    Before any building or article is destroyed or any animal slaughtered, the Secretary shall have the building, article, or animal appraised pursuant to the departmental rules and regulations.

    (b)    There shall be two appraisers who shall be sworn before any officer authorized to administer oaths and affirmations. One shall be appointed by the owner or the agent of the owner of the building, article, or animal to be destroyed or slaughtered, and the other shall be appointed by the Secretary. If there is a disagreement, the Secretary shall appoint a third appraiser. If the owner or his agent refuses or neglects to name an appraiser, the Secretary shall appoint one.

    (c)    The appraisal of any animal, together with its carcass, hide, and offal, may not exceed 90 percent of the fair market value of the animal, or $500 for any one animal. The appraisal of any building may not exceed 90 percent of its fair market value. When approved by the Secretary, the appraisal shall be filed with the Comptroller who shall issue his warrant to the Treasurer in favor of the owner for the amount of the appraisal.

    (d)    If the owner of the building, article, or property is not satisfied with the appraisal, he may appeal to the circuit court of the county where the building, article, or property is located. The appeal shall be heard de novo.


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