2006 Nebraska Revised Statutes - § 54-717 — Tuberculin tests; areas previously tested; continuation without petition.

Section 54-717
Tuberculin tests; areas previously tested; continuation without petition.

Where any county has been declared an area for the inspection, examination and testing of cattle for tuberculosis under the provisions of any law of this state enacted prior to April 4, 1927, or where, prior to that date, a systematic inspection, examination and testing of cattle for tuberculosis has been undertaken in any county on a cooperative basis by the United States Bureau of Animal Industry and the Nebraska Department of Agriculture, and more than five thousand cattle have been tested in such county prior to April 4, 1927, the inspection, examination and testing of cattle for tuberculosis in such county or counties may be continued by the department under the provisions of sections 54-706 to 54-720 without petition or hearing in all respects as if such petition had been filed and hearing had and the county declared an area hereunder.

Source:

Laws 1927, c. 12, art. II, § 10, p. 86

C.S.1929, § 54-915

Annotations:

This section was intended to preserve the benefit of such inspection as had been carried on under former legislation. State ex rel. Sorensen v. Kistler, 119 Neb. 89, 227 N.W. 319 (1929).

Law relating to testing cattle for tuberculosis is applicable to entire state, is not arbitrary or unreasonable, and is not unconstitutional as special legislation, or as taking property without due process. State ex rel. Spillman v. Wallace, 117 Neb. 588, 221 N.W. 712 (1928).

Under 1925 act, invalidity of one section did not affect remainder of act, which was constitutional as to requiring examination, inspection, and listing of cattle for tuberculosis in areas established by petition. State ex rel. Spillman v. Heldt, 115 Neb. 435, 213 N.W. 578 (1927).

~Reissue Revised Statutes of Nebraska