2005 Connecticut Code - Sec. 22-288. Compensation for condemned cattle.

      Sec. 22-288. Compensation for condemned cattle. (a) The Commissioner of Agriculture may cause any domestic animal which has given a positive reaction to the tuberculin test to be killed, but no such bovine animal shall be killed until its value has been determined by the owner and the commissioner. If they are unable to agree upon the value of such animal, each shall choose an arbitrator and the two so chosen shall choose a third and the three so chosen, or a majority of the three so chosen, shall determine the value of such animal, and the value so determined shall be approved by the commissioner. When a certificate has been filed with the commissioner that such animal has been killed and the premises disinfected according to the order of the commissioner, within a period of fifteen days following the issuance of such order, the amount determined under subsection (b) of this section shall be paid to the owner by the state. If a majority of the three arbitrators do not agree, they shall so find and report and the commissioner shall then determine the value of such animal or animals, which shall be final; but no animal, the physical condition of which is such that it is of no real value, and no animal which has been in the state for a period of less than three months next preceding its quarantine shall be paid for by the state; provided such award may be paid in the case of cattle from any herd which has been officially accredited, or from an officially declared modified accredited area, or from any herd the entire number of which has passed two negative tests and such cattle have not, since passing such tests, been exposed to infection from tuberculosis. The provisions of this section shall not apply to animals condemned to prevent the spread of foot and mouth disease or anthrax.

      (b) The state shall appraise any condemned registered purebred bovine animal for a sum not exceeding two thousand dollars and any grade bovine animal for a sum not exceeding eleven hundred dollars. The amount paid for any bovine animal which is condemned pursuant to this section and sold for slaughter, shall be deposited in the General Fund. The amount paid by the state to the owner of any such animal shall be limited to the difference between the fair market value of such animal and the amount of any indemnity or payment for such animal received by the owner from the federal government. No compensation shall be paid to the owner of any such domestic animal by the state unless such animal has been destroyed to prevent the spread of an infectious or contagious disease. Any animal which has reacted to the tuberculin test shall be tagged in the left ear by the person making such test with a numbered metal ear tag, which tag shall have stamped or impressed thereon the following: "Ct. Reacted, Number (....)", including the number of such tag. Such tags shall be furnished by said commissioner and shall be numbered consecutively beginning with the number one, and such animal shall also be branded at the time of the test with the letter "T" on the left jaw. No such animal shall be killed, sold or used for food, except under the direction of said commissioner.

      (1949 Rev., S. 3322; 1949, June, 1949, S. 1780d; 1959, P.A. 608; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 78-190, S. 1; P.A. 81-56, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and increased maximum appraised values of purebred bovines from three hundred to three hundred twenty-five dollars and of grade bovines from two hundred fifty to two hundred seventy-five dollars; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 78-190 increased maximum appraised values for purebred bovines to seven hundred fifty dollars and for grade bovines to five hundred dollars; P.A. 81-56 divided section into Subsecs., increased maximum appraisal of purebred animal from seven hundred fifty to two thousand dollars and of grade animal from five hundred to eleven hundred dollars, required deposit of amount received from sale of condemned animal for slaughter in general fund and limited amount paid by state to owner to difference between fair market value and amount of indemnity owner receives from federal government; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      The right to recover damages is purely the creation of statute. 72 C. 285. Cited. 190 C. 622, 623, 625.