If, upon making any tests or examinations as provided for in Chapter 77, Article 5 NMSA 1978, it appears that any livestock are infected with tuberculosis and that the public interest would be best served through the destruction of the livestock, the board shall cause the destruction of the livestock in a manner deemed most expedient.

History: Laws 1929, ch. 159, § 2; C.S. 1929, § 4-1102; 1941 Comp., § 49-502; 1953 Comp., § 47-5-2; Laws 1993, ch. 248, § 36; 1999, ch. 282, § 34.

Cross references. — For marking or branding of cattle infected with tuberculosis or Bang's disease, see 77-3-11 and 77-3-12 NMSA 1978.

The 1999 amendment, effective July 1, 1999, substituted "Chapter 77, Article 5 NMSA 1978" for "this article", and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, added the current catchline; substituted "article" for "Act"; deleted "New Mexico Cattle Sanitary" preceding "board"; and made a minor stylistic change.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 44.

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 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.

3A C.J.S. Animals § 76.