In cases where the board deems it necessary to destroy any diseased, infected or exposed livestock in order to prevent the spread of dangerous and fatal diseases such as glanders, farcy, tuberculosis, pleuro-pneumonia, rinderpest, foot and mouth disease or any other dangerous and fatal disease, foreign or other, which according to the rules, regulations and standards adopted by the United States department of agriculture animal and plant health inspection service cannot be extirpated by means other than the destroying of the diseased, infected or exposed livestock, the board may have the livestock killed and burned or buried under such rules as the board may prescribe. The board shall cooperate with the United States department of agriculture in paying to the owners of the slaughtered livestock the allowed indemnity determined by the United States department of agriculture animal and plant health inspection service and the board.

History: Laws 1909, ch. 9, § 8; 1909, ch. 75, § 2; Code 1915, § 113; C.S. 1929, § 4-1016; Laws 1933, ch. 53, § 13; 1941 Comp., § 49-308; 1953 Comp., § 47-3-8; Laws 1993, ch. 248, § 21; 1999, ch. 282, § 23.

Cross references. — For use of livestock fund, see 77-2-17 NMSA 1978.

The 1999 amendment, effective July 1, 1999, deleted "dipping or" following "extirpated by" in the first sentence, and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, added the current catchline; deleted "Cattle Sanitary" preceding "board", inserted "foreign or other", and substituted "department of agriculture animal and plant health inspection service" for "bureau of animal industry" in the first sentence; substituted "the allowed indemnity determined by the United States department of agriculture animal and plant health inspection service and the board" for "two-thirds (2/3) of the appraised value thereof determined by three appraisers selected as follows; one representing the bureau of animal industry, one representing the Cattle Sanitary board and the other selected by the owner of the animal or animals" at the end of the section; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 53; 16A Am. Jur. 2d Constitutional Law § 417.

Constitutionality of statute or ordinance providing for destruction of animals, 8 A.L.R. 67, 56 A.L.R.2d 1024.

Constitutionality of statute for control of diseases of livestock, 65 A.L.R. 525.

Right to and measure of compensation for animals destroyed to prevent spread of disease or infection, 67 A.L.R. 208.

Liability of public officers for killing or injuring animals, while acting, or professing to act, under a statute in relation to the inspection or destruction of livestock, 2 A.L.R.3d 822.

Extent of liability of seller of livestock infected with communicable disease, 14 A.L.R.4th 1096.

Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities, 42 A.L.R.4th 839.

3A C.J.S. Animals § 76.