Colorado § 35-50-113 - Condemnation of livestock.

§ 35-50-113. Condemnation of livestock.

(1) Whenever the state veterinarian reports to the commission that there exists an outbreak of contagious or infectious disease among livestock of this state of such a character as to endanger and imperil the livestock of the state, the commission, upon approval of the governor, may issue an order of condemnation to condemn and destroy any livestock so infected or any livestock that has been exposed to or is deemed by the commission capable of communicating such contagious or infectious disease to other livestock and to condemn and destroy any barns, sheds, corrals, pens, or other property that the commission may determine is necessary to be destroyed in order to prevent the spread of such contagion or infection. Such condemnation and destruction shall take place only when in the opinion of the commission and the governor an emergency exists and such action is justified and necessary for the safety and protection of the livestock of this state.

(2) Whenever the commission finds it necessary to condemn and destroy any animals or property within this state because of any contagious or infectious disease, the animals or property shall not be destroyed until after a fair appraisal has been made of the value of the animals or property by two appraisers, one to be appointed by the commissioner and one by the owner of the property to be destroyed. The appraisers shall each make a report to the commission under oath as to their appraisals, and the commission shall forward such appraisals to the governor with such recommendation as to the proportion of such appraisement to be considered a just bill against the state of Colorado as the commission may think right. Within ninety days after receiving the appraisals and recommendation, the governor shall determine the appropriate appraisement. If the governor fails to make a determination within ninety days after receiving the appraisals and recommendation, the commission's recommended appraisal will become the determined appraisal.

(3) Any dispute or protest regarding the appraisal shall not delay destruction of the animals or property.

Source: L. 2005: Entire article R&RE, p. 455, § 1, effective December 1. L. 2023: (2) amended, (HB 23-1264), ch. 222, p. 1151, § 6, effective May 18.

Editor's note: This section is similar to former §§ 35-50-111 and 35-50-113 as they existed prior to 2005.

ANNOTATION

This section defines the Colorado department of agriculture's police power regarding an outbreak of contagious or infectious disease among livestock and establishes the parameters that must be followed under that power. Keyah Grande, LLC v. Colo. Dept. of Agric., 159 P.3d 727 (Colo. App. 2006).