ORS 596.416
Application to court to compel owner or person in charge of property to cooperate


(1)

In the event the State Department of Agriculture or any of its employees or agents meet with any resistance or lack of cooperation by the owner or person in charge of any livestock or property in the performance of their duties, the department may apply to the circuit court of the county in which such livestock or property is located or, if livestock or property is located in two or more counties, in the circuit court of any of those counties, for an order requiring such owner or person to cease and desist such resistance or otherwise comply with the orders of the department.

(2)

The order of the court shall be based upon a duly verified petition filed by the department setting forth the facts relative to such resistance or lack of cooperation. A copy of the petition may be served either by registered mail or by certified mail with return receipt upon the owner or person in charge of the livestock or in the manner provided for service of summons in civil actions. Such owner or person in charge shall appear and answer the allegations of the petition within 10 days from the date the petition was served.

(3)

If the owner or person in charge of any livestock or property fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the action by the department necessary for the eradication and control of diseases of livestock in this state, the court shall enter its order requiring the owner or person in charge to cease and desist from such resistance or to comply with the lawful orders of the department, as the case may be. However, the court may enter its order without a hearing, if it satisfactorily appears to the court that a delay in answering would jeopardize disease eradication and control. A request by the department for a summary order by the court relative to any lack of cooperation or resistance by the owner or person in charge shall be supported by an affidavit showing the necessity for summary action.

(4)

The sheriff of the county in which such livestock or property is located shall execute such order by serving upon the owners or person in charge of such livestock or property a copy thereof duly certified to by the clerk of the circuit court, and by enforcing the provisions thereof. [1953 c.689 §9; 1955 c.557 §29; 1991 c.249 §59]

Source: Section 596.416 — Application to court to compel owner or person in charge of property to cooperate, https://www.­oregonlegislature.­gov/bills_laws/ors/ors596.­html.

596.010
Definitions
596.020
Duties of the State Department of Agriculture in protection of people and livestock
596.030
Administration of national plans relating to poultry
596.040
Cooperative agreements with U.S. Department of Agriculture or other federal agency for livestock disease control
596.050
Production of bacteriological or biological products for department
596.060
Peace officers to assist the department
596.065
Vaccines and products hazardous to livestock health
596.075
Prohibition against use of listed harmful vaccines
596.095
Definitions for ORS 596.100, 596.105 and 596.995
596.100
Registration of products used for treatment of animals
596.105
Products exempt from registration
596.210
Establishing office of State Veterinarian
596.220
Deputy state veterinarians
596.225
Contracting for services of deputy state veterinarian
596.230
Duties of deputy veterinarians
596.250
Revocation or suspension of appointment of deputy veterinarian
596.260
Deputy state veterinary technicians
596.262
Resignation, revocation or suspension of appointment of deputy state veterinary technician
596.311
Examination, testing or treatment of livestock at owner’s request before shipment
596.321
Rules governing vaccinations and reporting of listed livestock diseases
596.331
Prohibition against disposing of diseased livestock, parts of quarantined livestock or unvaccinated female cattle
596.341
Examination, testing or treatment of livestock before entry into state
596.343
Testing sheep for Akabane Virus
596.346
Permit requirements and application form
596.351
Prohibited acts relating to livestock importation
596.355
Prohibition against importation of livestock from quarantined area
596.361
Summary quarantine of livestock imported in violation of ORS 596.351
596.371
Treatment of diseased livestock by owner
596.388
Department to investigate cases of disease
596.392
Authority of department relating to disease control
596.393
Burning or burial of carcasses to control disease
596.394
Summary quarantine of livestock and contaminated property imported into state from quarantined area
596.396
Length of quarantine
596.402
Authority to summarily quarantine areas
596.404
Department may seize part or product of slaughtered diseased livestock
596.406
Department to prescribe methods of destruction of property
596.412
Factors to be considered by department in exercise of disease control powers
596.416
Application to court to compel owner or person in charge of property to cooperate
596.460
Duty to separate and confine diseased animals
596.470
Health certificates for disease-free animals
596.615
“Livestock” defined
596.620
Indemnification of owners of livestock or property slaughtered or destroyed by order of department
596.625
Approval of indemnification required
596.640
Livestock and property not eligible for indemnity
596.650
Indemnity
596.660
Method of destruction
596.671
Amount of indemnity
596.681
Limit of state indemnity to livestock owner also receiving federal indemnity
596.990
Penalties
596.995
Civil penalties
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