163.15 - INDEMNIFYING OWNER.
163.15 INDEMNIFYING OWNER.
1. If the secretary of agriculture determines that the outbreak
of an infectious or contagious disease among an animal population
constitutes a threat to the general welfare or the public health of
the inhabitants of this state, the secretary shall formulate a
program of eradication which shall include the condemnation and
destroying of the animals exposed to or afflicted with the disease.
The program of eradication shall provide for the indemnification of
owners of the livestock under this section, if there are no other
sources of indemnification. The program shall not be effective until
the program has been approved by the executive council.
2. If an animal afflicted with an infectious or contagious
disease is destroyed under a program of eradication as provided in
this section, the owner shall be compensated according to one of the
following methods:
a. (1) A determination of an indemnity amount as agreed to by
appraisal. The determination shall be made by appraisers who shall
be three competent and disinterested persons, including one who is
appointed by the department, one who is appointed by the owner, and
one who is appointed by agreement of the department and the owner.
The appraisers shall report their appraisal under oath to the
department. The appraisers shall receive compensation and expenses
as provided for by the program.
(2) A claim for an indemnity filed by the owner shall not exceed
the amount agreed upon by the majority decision of the appraisers.
For an animal other than registered purebred stock the indemnity
amount shall be based on current market prices. For registered
purebred stock, the indemnity amount may exceed market prices by not
more than fifty percent. The indemnity amount shall be less any
amount of indemnification that the owner might be allowed from the
United States department of agriculture. An indemnity shall not be
allowed for an animal if the department of agriculture and land
stewardship determines that the animal has been fed raw garbage as
provided in section 163.26.
(3) A claim for an indemnity by the owner and a claim for
compensation and expenses by the appraisers shall be filed with the
department and submitted by the secretary of agriculture to the
executive council for its approval or disapproval.
(4) Upon approval by the executive council, there is appropriated
to the department from any moneys in the general fund of the state
not otherwise appropriated moneys sufficient to carry out the
provisions of this paragraph.
b. A formula established by rule adopted by the department
that is effective as determined by the department in accordance with
chapter 17A and applicable upon approval of the plan of eradication
approved by the executive council. The formula shall be applicable
to indemnify owners if the executive council, upon recommendation by
the secretary of agriculture, determines that an animal population in
this state is threatened with infection from an exceptionally
contagious disease.
(1) An owner shall be paid an indemnity amount based on the
formula, only if the owner elects to be paid under the formula in
lieu of the determination by appointed appraisers as otherwise
provided in this section.
(2) The formula shall provide for the payment of the fair market
value of an animal based on market prices paid for similar animals
according to categories or criteria established by the department,
which may include payment based on the species, breed, type, weight,
sex, age, purebred status, and condition of the animal. The
department may provide for deductions based on other compensation
received by the owner for the destruction of the animals. The
department may exclude a claim if the person would be ineligible to
receive compensation by three appointed appraisers as provided in
this section.
(3) If an owner elects to be paid an indemnity amount based on a
method that provides either a determination by appointed appraisers
or pursuant to a formula, the owner shall not be entitled to revoke
the election, unless otherwise provided by the department. An
owner's decision to delay or refuse to make an election under this
section shall not affect the condemnation and destruction of
afflicted animals under the program of eradication.
(4) Upon approval by the executive council, there is appropriated
to the department from any moneys in the general fund of the state
not otherwise appropriated moneys sufficient to carry out the
provisions of this paragraph. Section History: Early Form
[SS15, § 2538-1a--8a; C24, 27, 31, 35, 39, § 2657; C46, 50,
54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 163.15] Section History: Recent Form
2002 Acts, ch 1101, §1; 2004 Acts, ch 1163, §7, 8
Referred to in § 163.10, 163.16, 163.51