Connecticut General Statutes/Title 22/Chapter 433/Section 22-288

CGS § 22-288. Compensation for condemned livestock. Appeals.

(a) The commissioner may cause any livestock infected with an infectious or contagious disease, including, but not limited to, tuberculosis, anthrax or foot and mouth disease to be euthanized to protect the public health or prevent the spread of such disease but no such livestock shall be euthanized until its value has been determined by the commissioner. In determining the value of condemned livestock, the commissioner shall consider the age, sex, grade and purpose for which such animal was kept. The commissioner may consult with livestock dealers, commission sales stables or other sources familiar with the value of livestock in determining the value of condemned animals. When a certificate has been filed with the commissioner that such animal has been euthanized and the premises disinfected according to the order of the commissioner, within a period of time specified by the commissioner, following the issuance of such order, the amount determined under this section shall be paid to the owner by the state. 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 unless such animal was a natural addition to the herd that was born in this state or was imported into this state in compliance with this chapter.

(b) The amount paid by the state for any livestock that is condemned pursuant to this section and sold for slaughter, shall be deposited by the commissioner into 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, established pursuant to subsection (a) of this section, 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 livestock by the state unless such animal has been destroyed to prevent the spread of an infectious or contagious disease or to protect the public health. Any animal that is condemned shall be identified with a tag, brand device or marking approved by the commissioner. No such animal shall be moved, euthanized, sold or used for food, except under the direction of the commissioner.

(c) Any person aggrieved by an order of the commissioner to condemn livestock pursuant to this section may appeal such order to the superior court for the judicial district of Hartford not later than seven days after issuance of such order.

Short History

(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; P.A. 23-187, S. 5.)

Long History

History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and increased maximum appraised values of purebred bovines from $300 to $325 and of grade bovines from $250 to $275; 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 $750 and for grade bovines to $500; P.A. 81-56 divided section into Subsecs., increased maximum appraisal of purebred animal from $750 to $2,000 and of grade animal from $500 to $1,100, 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; P.A. 23-187 amended Subsec. (a) to make technical changes, add references to livestock and euthanasia, delete provision re use of arbitrator to determine value, add provision re commissioner considerations for determining value, delete provision re payment of award for cattle officially accredited and added provision re animals that are a natural addition to a herd, amended Subsec. (b) to delete provision re appraising any condemned registered purebred bovine, add references to livestock and protection of public health, delete provision re tagging of animal in left ear and added provision re identifying tag or brand, and added Subsec. (c) re appeals of orders to superior court, effective June 28, 2023.

Citations

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

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