WVC 19 - 9 - 30
§19-9-30. Appraisal of infected or exposed animals; amount;
arbitration; fees of arbitrators.
The commissioner or the commissioner's agent shall act as
appraiser and shall appraise each infected or directly exposed
animal within five days before euthanizing the animal, basing the
amount upon the class and market value of the animal at the time of
the appraisal, whether for breeding purposes or for milk or meat
production. Animals reacting to any approved test, but not
exhibiting any physical evidence of disease, shall be appraised
without considering the presence of a diseased condition, but
animals exhibiting any physical evidence of disease shall be
appraised as infected animals: Provided,
That where indemnities
are claimed for directly exposed animals euthanized on account of
rabies infection, appraisal shall be based on the value of the
animal before it became infected. If the amount of appraisal of
any animal, as determined by the appraiser, is not satisfactory to
the owner of the animal, the owner shall immediately notify the
appraiser of this fact, setting forth the reason for complaint.
The amount of the appraisal shall then be determined by
arbitrators, one to be appointed by the appraiser and one by the
owner of the animal. If these arbitrators are not able to agree on
the amount of appraisal, a third arbitrator shall be appointed by
them, whose decision shall be final. Compensation for the
arbitrators appointed by the owner and the appraiser shall be paid
by the party appointing the arbitrator, and in case a third arbitrator is chosen, the third arbitrator shall be paid by the
party against whom the decision is made.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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