Kentucky Statutes 257.120 – Indemnity for destruction or slaughter of animal
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(1) Indemnities shall be paid by the state or federal government for animals mandated to be destroyed or slaughtered on account of a reportable or United States Department of Agriculture (USDA) program disease. The indemnities shall be based on fair market value as determined by the USDA or independent appraisal.
(2) No state-funded indemnity shall be paid for any animal unless it was the property of the person claiming indemnity, and was within the state, for a period of at least six (6) months prior to the time of the first test, except when animals are destroyed or slaughtered on account of a foreign animal or zoonotic disease.
(3) No indemnity shall be paid for any animal:
(a) Owned by the United States, the state or any county or city;
(b) Brought into this state in violation of the law or any regulation of the board;
(c) When the owner at the time of coming into possession of the animal had any reason to believe that it was infected; or
(d) When the board or its authorized agents have satisfactory evidence that the owner has been guilty of negligence in permitting the animal to become exposed to the communicable disease.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 22, sec. 11, effective June 25, 2009. — Amended
1982 Ky. Acts ch. 310, sec. 3, effective July 15, 1982. — Amended 1978 Ky. Acts ch.
296, sec. 1, effective June 17, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.
(2) No state-funded indemnity shall be paid for any animal unless it was the property of the person claiming indemnity, and was within the state, for a period of at least six (6) months prior to the time of the first test, except when animals are destroyed or slaughtered on account of a foreign animal or zoonotic disease.
Terms Used In Kentucky Statutes 257.120
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Appraisal: A determination of property value.
- Board: means the Board of Agriculture. See Kentucky Statutes 257.010
- City: includes town. See Kentucky Statutes 446.010
- Department: means the Department of Agriculture. See Kentucky Statutes 257.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Owner: means any person owning or leasing from another, or having in charge any domestic animal. See Kentucky Statutes 257.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) No indemnity shall be paid for any animal:
(a) Owned by the United States, the state or any county or city;
(b) Brought into this state in violation of the law or any regulation of the board;
(c) When the owner at the time of coming into possession of the animal had any reason to believe that it was infected; or
(d) When the board or its authorized agents have satisfactory evidence that the owner has been guilty of negligence in permitting the animal to become exposed to the communicable disease.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 22, sec. 11, effective June 25, 2009. — Amended
1982 Ky. Acts ch. 310, sec. 3, effective July 15, 1982. — Amended 1978 Ky. Acts ch.
296, sec. 1, effective June 17, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.