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2018 Georgia Code 4-4-72 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 4-4-72 Case Law from Google Scholar Amendments to OCGA 4-4-72

TITLE 4 ANIMALS

Section 4. Prevention and Control of Disease in Livestock, 4-4-1 through 4-4-181.

ARTICLE 1 CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES IN LIVESTOCK

4-4-72. Indemnification of owners of livestock destroyed in eradication of diseases.

  1. The Commissioner is authorized, in cooperation with the United States Department of Agriculture, to indemnify the owner of livestock destroyed in eradicating any infectious or contagious disease, upon such basis and appraisal as the federal government prescribes; but in no event shall the state pay more than one-half of the indemnity and cost incident to the eradication.
  2. In the case of public stockyards, meat packing establishments, slaughterhouses, community sales, and licensed garbage feeders, the state shall not pay in participation with the United States Department of Agriculture more than one-third of the indemnity and cost incident to the eradication. However, the Commissioner may make indemnity payments inapplicable to garbage feeders if in any case he finds the feeding of garbage to be a source of such disease.
  3. Any person, firm, partnership, or corporation which shall violate any quarantine law or rule and regulation thereunder shall be ineligible for indemnity.
  4. The Commissioner is authorized, in the eradication of any infectious or contagious disease, to indemnify the owner of livestock destroyed in eradicating the disease in those instances in which the United States Department of Agriculture cannot participate in the payment of the indemnity.
  5. The limits on the amount of payment to be made by the state as set out in this Code section shall have no application to payments in excess of such limits authorized by law for the purpose of elimination of swine mycobacteriosis.

(Ga. L. 1953, Jan.-Feb. Sess., p. 480, § 22; Ga. L. 1957, p. 488, § 1; Ga. L. 1979, p. 1032, § 12.)

JUDICIAL DECISIONS

Denial of compensation not violative of constitutional prohibition.

- Laws enacted in pursuance of police power to benefit the health of the public, which may result in the destruction of private property, and which do not provide for any payment therefor to the owner, are not violative of the constitutional inhibition against taking private property for a public use without compensation. Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

Payment pursuant to this section is a benefit.

- Making of a payment pursuant to this section must be classified as a "benefit" - and the rule therefore is within the exception made by § 50-13-2(6)(I), and as to which, no permission to sue the state is given under the Administrative Procedure Act. Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

Order by the Commissioner as to payment for destroyed herds of swine pursuant to Ga. L. 1957, p. 488, § 1 (see O.C.G.A. § 4-4-72) was a benefit under Ga. L. 1965, p. 283, §§ 2-4 (see O.C.G.A. § 50-13-2(6)(I)). Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

While every benefit is not an indemnity, necessarily, every indemnity is a benefit. Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

Authority to issue and withdraw payment for destruction of livestock.

- If the Commissioner of Agriculture has authority to issue an order making payment for herds of swine destroyed by cholera but is allowed by statute to destroy swine infected with cholera, without making payment therefor, then an order notifying all owners of garbage-fed swine that hereafter no further payments would be made because of the continued outbreak of cholera, was perfectly legal and one of the rights conferred upon the Commissioner by statute. Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

Commissioner of Agriculture is empowered to destroy livestock under certain conditions, such as where herds of swine are infected with cholera, and the Commissioner is authorized (but not required) to make payment to those whose herds are destroyed. Irvin v. Woodliff, 125 Ga. App. 214, 186 S.E.2d 792 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 27 et seq.

C.J.S.

- 3B C.J.S., Animals, § 128 et seq.

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