§ 7107 — Compensation for animals condemned and killed

(a) Except as otherwise provided in Chapter 73 of this title, when it is deemed necessary to condemn and kill any animal or animals to prevent the further spread of disease, and an agreement cannot be made with the owners for the value thereof, 3 appraisers shall be appointed, 1 by the owner, 1 by the Department of Agriculture or its authorized agent, and the third by the 2 so appointed. The appraisers shall, under oath or affirmation, appraise the animal or animals, taking into consideration their actual value and condition at the time of appraisement, and the appraised price shall be paid in the same manner as other expenses of the Department. Under such appraisement not more than $50 shall be paid for any infected animal of grade or common stock, not more than $100 for any infected animal of registered stock, not more than $40 for any horse or mule of common or grade stock, and not more than 50 percent of the appraised value of any standard bred registered or imported horse.

(b) Notwithstanding the provisions of subsection (a) of this section, in no event shall the State be liable or otherwise legally obligated to pay compensation to any person(s) or other entities in any amount exceeding $5 million during any single state fiscal year as a result of the State’s having ordered the destruction of any poultry to prevent the spread of disease.

Legislative History

26 Del. Laws, c. 78, § 3 ; Code 1915, § 685; Code 1935, § 608; 3 Del. C. 1953, § 7107; 57 Del. Laws, c. 605 ; 57 Del. Laws, c. 764, § 24 ; 69 Del. Laws, c. 64, § 251