- • appraisal of animal or property prior to destruction
(1) An owner may claim indemnity on any animal or property ordered destroyed by the State Department of Agriculture. Each animal or article of property which is eligible for indemnity shall be appraised prior to its destruction. The department shall provide forms on which claims for indemnity can be made, to the owner of livestock or property ordered destroyed at the time the order of destruction is given to the owner. The claim for indemnity, order of destruction and appraisal may be included in one form at the discretion of the department. In order to qualify for indemnity, the owner shall submit a claim to the department within seven days after receiving such claim form from the department. The appraisal shall be performed by two appraisers, one of whom shall be selected by the department and one of whom shall be selected by the owner. If they cannot agree on the appraised value, a third appraiser shall be immediately appointed by the two appraisers selected by the department and the owner and the department and owner advised of the appointment. If the owner fails to select an appraiser within 10 days after the department’s request therefor, the department shall appoint two appraisers to evaluate the livestock or property. The appraisers shall view each animal or article of property to be appraised and inspect documents, premises or any other items deemed necessary to perform the appraisal. Upon completion of the appraisal, the appraisers shall record the evaluations on a form supplied by the department and shall submit the completed appraisal form to the department within 10 days after completion of the appraisal. The department shall then notify the owner of the results of the appraisal.
(2) The livestock or property shall be appraised on the basis of current market value of animals or property of like kind, quality and physical condition at the time the destruction was ordered. As used in this subsection, “market value” means the average selling price of animals or property of like kind and quality in the locality where the animals or property are situated, during the 30 days immediately preceding the appraisal, and if no such average selling price can be determined in the locality, then the average selling price in the next nearest locality where it can be determined.
(3) If the livestock condemned by the department are registered and the owner claims enhanced value by such fact, a certified copy of the certificate of registry shall accompany the appraisal report. [1953 c.633 §4; 1965 c.217 §3; 1981 c.334 §2]
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