ORS 596.650
Indemnity

  • appraisal of animal or property prior to destruction

(1)

An owner may claim indemnity on any animal or property ordered destroyed by the State Department of Agriculture. Each animal or article of property which is eligible for indemnity shall be appraised prior to its destruction. The department shall provide forms on which claims for indemnity can be made, to the owner of livestock or property ordered destroyed at the time the order of destruction is given to the owner. The claim for indemnity, order of destruction and appraisal may be included in one form at the discretion of the department. In order to qualify for indemnity, the owner shall submit a claim to the department within seven days after receiving such claim form from the department. The appraisal shall be performed by two appraisers, one of whom shall be selected by the department and one of whom shall be selected by the owner. If they cannot agree on the appraised value, a third appraiser shall be immediately appointed by the two appraisers selected by the department and the owner and the department and owner advised of the appointment. If the owner fails to select an appraiser within 10 days after the department’s request therefor, the department shall appoint two appraisers to evaluate the livestock or property. The appraisers shall view each animal or article of property to be appraised and inspect documents, premises or any other items deemed necessary to perform the appraisal. Upon completion of the appraisal, the appraisers shall record the evaluations on a form supplied by the department and shall submit the completed appraisal form to the department within 10 days after completion of the appraisal. The department shall then notify the owner of the results of the appraisal.

(2)

The livestock or property shall be appraised on the basis of current market value of animals or property of like kind, quality and physical condition at the time the destruction was ordered. As used in this subsection, “market value” means the average selling price of animals or property of like kind and quality in the locality where the animals or property are situated, during the 30 days immediately preceding the appraisal, and if no such average selling price can be determined in the locality, then the average selling price in the next nearest locality where it can be determined.

(3)

If the livestock condemned by the department are registered and the owner claims enhanced value by such fact, a certified copy of the certificate of registry shall accompany the appraisal report. [1953 c.633 §4; 1965 c.217 §3; 1981 c.334 §2]

Source: Section 596.650 — Indemnity; appraisal of animal or property prior to destruction, https://www.­oregonlegislature.­gov/bills_laws/ors/ors596.­html.

596.010
Definitions 596.020
Duties of the State Department of Agriculture in protection of people and livestock 596.030
Administration of national plans relating to poultry 596.040
Cooperative agreements with U.S. Department of Agriculture or other federal agency for livestock disease control 596.050
Production of bacteriological or biological products for department 596.060
Peace officers to assist the department 596.065
Vaccines and products hazardous to livestock health 596.075
Prohibition against use of listed harmful vaccines 596.095
Definitions for ORS 596.100, 596.105 and 596.995 596.100
Registration of products used for treatment of animals 596.105
Products exempt from registration 596.210
Establishing office of State Veterinarian 596.220
Deputy state veterinarians 596.225
Contracting for services of deputy state veterinarian 596.230
Duties of deputy veterinarians 596.250
Revocation or suspension of appointment of deputy veterinarian 596.260
Deputy state veterinary technicians 596.262
Resignation, revocation or suspension of appointment of deputy state veterinary technician 596.311
Examination, testing or treatment of livestock at owner’s request before shipment 596.321
Rules governing vaccinations and reporting of listed livestock diseases 596.331
Prohibition against disposing of diseased livestock, parts of quarantined livestock or unvaccinated female cattle 596.341
Examination, testing or treatment of livestock before entry into state 596.343
Testing sheep for Akabane Virus 596.346
Permit requirements and application form 596.351
Prohibited acts relating to livestock importation 596.355
Prohibition against importation of livestock from quarantined area 596.361
Summary quarantine of livestock imported in violation of ORS 596.351 596.371
Treatment of diseased livestock by owner 596.388
Department to investigate cases of disease 596.392
Authority of department relating to disease control 596.393
Burning or burial of carcasses to control disease 596.394
Summary quarantine of livestock and contaminated property imported into state from quarantined area 596.396
Length of quarantine 596.402
Authority to summarily quarantine areas 596.404
Department may seize part or product of slaughtered diseased livestock 596.406
Department to prescribe methods of destruction of property 596.412
Factors to be considered by department in exercise of disease control powers 596.416
Application to court to compel owner or person in charge of property to cooperate 596.460
Duty to separate and confine diseased animals 596.470
Health certificates for disease-free animals 596.615
“Livestock” defined 596.620
Indemnification of owners of livestock or property slaughtered or destroyed by order of department 596.625
Approval of indemnification required 596.640
Livestock and property not eligible for indemnity 596.650
Indemnity 596.660
Method of destruction 596.671
Amount of indemnity 596.681
Limit of state indemnity to livestock owner also receiving federal indemnity 596.990
Penalties 596.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 596.650’s source at oregon​.gov