2017 South Carolina Code of Laws
Title 47 - Animals, Livestock and Poultry
CHAPTER 4 - STATE LIVESTOCK-POULTRY HEALTH COMMISSION
Section 47-4-80. Condemned and destroyed livestock or poultry; indemnification of owner.
(A) Livestock or poultry condemned and destroyed by order of the commission to preclude or prevent spread of disease, exotic or otherwise, are presumed to have been a public nuisance. However, this section does not apply to animals required or allowed to be sent to slaughter.
(B) The owner of destroyed livestock or poultry, in an action against this State in an appropriate court for the county in which the livestock or poultry was destroyed, may recover just compensation for the value of the livestock or poultry destroyed if he establishes that the livestock or poultry destroyed was not infected with an infectious, communicable, or contagious disease and that destruction was not the only reasonable course of action.
(C) Other indemnification must be paid in accordance with Article 3, Chapter 13 of this title if federal or state funds, or both, specifically appropriated for indemnification payments for a specific disease or condition are available. If in the judgment of the commission sufficient funds are not available, it shall effect pro rata indemnification.
HISTORY: 1994 Act No. 362, Section 1, eff May 3, 1994.
