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Indemnification - 3 Pa. Cons. Stat. § 2331

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     § 2331.  Indemnification.
        (a)  In general.--Whenever a condemned domestic animal,
     domestic animal product or other condemned property is
     slaughtered or destroyed by order of the department to eradicate
     or prevent the spread of dangerous transmissible disease or
     contamination by a hazardous substance, the department may
     compensate the owner of such domestic animal, domestic animal
     product or other condemned property for a portion of the
     appraised value of the domestic animal or property and may
     compensate a person for cleanup costs and disposal costs or a
     portion thereof, provided that such compensation is made in
     accordance with this section. Notwithstanding the definition of
     "owner" set forth in section 2303 (relating to definitions),
     indemnification payments and payments of cleanup costs and
     disposal costs made under this section shall be made only to
     those persons who have an actual ownership interest in the
     domestic animal or other property that is the subject of the
     indemnification payment.
        (b)  Indemnification limits.--
            (1)  The amount of indemnity paid by the department shall
        not exceed $2,000 with respect to any individual domestic
        animal.
            (2)  The amount of indemnity paid by the department with
        respect to domestic animals condemned under authority of this
        chapter shall not exceed the sum of $200,000 for any group of
        domestic animals, regardless of the number of owners having
        domestic animals within such group of condemned domestic
        animals.
            (3)  The maximum amount of indemnity paid by the
        department shall not exceed 67% of the appraised value of the
        condemned domestic animal, domestic animal product or other
        condemned property for which indemnification is sought.
            (4)  The amount of indemnity paid by the department to
        the owner of domestic animals condemned under authority of
        this chapter plus the salvage value and the value of
        indemnity payments received from any other source shall not
        exceed 90% of the appraised value of such domestic animals.
            (5)  The amount of indemnity which the department may pay
        under this section shall be limited by the availability of
        funds for this purpose.
            (6)  Funds for indemnification under this section may not
        be paid by the department to indemnify owners of condemned
        cats and dogs.
        (b.1)  Cleanup costs and disposal costs.--
            (1)  The department may pay cleanup costs and disposal
        costs incurred on or after October 1, 2001, but prior to the
        effective date of this subsection if the cleanup and disposal
        activities generating the costs are agreed upon in writing
        between the department and the person incurring the costs.
            (2)  The department may pay cleanup costs and disposal
        costs incurred on or after the effective date of this
        subsection if the cleanup and disposal activities generating
        the costs are agreed upon in writing between the department
        and the person incurring the costs in advance of the
        performance of the activities.
            (3)  The amount of cleanup costs and disposal costs which
        the department may pay under this section shall be limited by
        the availability of funds for this purpose.
        (c)  Forfeiture.--A person shall not be eligible for any
     indemnity payment, depopulation incentive payment, cleanup cost
     payment or disposal cost payment under this chapter for any
     domestic animal, group of domestic animals, domestic animal
     product or other article if such person has been determined by
     the department to have committed a violation of any provision of
     this chapter or order, rule or regulation adopted under
     authority of this chapter that has resulted in the condemnation
     for which indemnity would be paid. A person shall not be
     eligible for any indemnity payment, depopulation incentive
     payment, cleanup cost payment or disposal cost payment with
     respect to any domestic animal or group of domestic animals
     having a condition of disease or contamination which the
     department has determined to have been directly caused by the
     person's willful misuse of a pesticide or a hazardous substance.
        (d)  Appraisal.--Whenever the department condemns domestic
     animals, domestic animal products or other articles, the value
     of such animals, products and articles shall be appraised. No
     domestic animal that is dead shall be appraised, and no
     indemnity shall be payable for such domestic animal, except that
     a domestic animal that dies after condemnation by the department
     may be appraised on the basis of its condition at the time of
     condemnation and indemnity may be paid with respect to such a
     domestic animal. The department shall determine the appraised
     value of the condemned domestic animal, products or articles
     taking into consideration the current market values, age of the
     animal, physical condition of the animal, its condition as to
     disease, nature and extent of disease, breeding value, milk
     production value, salvage value of the animal and any other
     factors which may influence value. If the department and the
     owner of the condemned domestic animals, domestic animal
     products or other articles are unable to agree on the appraised
     value of the domestic animals, products or articles, then the
     department and the owner may appoint a mutually agreeable
     appraiser to determine the appraised value. Costs of such an
     appraisal shall be borne by the owner. In the absence of such a
     mutually agreeable appraiser, the department's determination of
     the appraised value shall control.
        (e)  Disposal of condemned domestic animal.--A domestic
     animal that has been condemned by the department and is eligible
     for indemnity under this chapter shall be disposed of by the
     owner, under the supervision of the department, in accordance
     with the laws of this Commonwealth and regulations adopted by
     the department. When condemned domestic animals are approved by
     the department for salvage, the salvage value shall be paid
     directly to the owner by the buyer of the live domestic animal
     or the buyer of the carcass, hide, offal or other by-product.
     The buyer shall promptly present an itemized statement of the
     salvage value to the department to determine the amount, if any,
     due from the department to the owner.
     (Dec. 9, 2002, P.L.1495, No.190, eff. imd.)

        2002 Amendment.  Act 190 amended subsecs. (a) and (c) and
     added subsec. (b.1). Section 7 of Act 190 provided that the
     amendment shall apply to cleanup costs and disposal costs
     incurred on or after October 1, 2001.
        Cross References.  Section 2331 is referred to in sections
     2333, 2334 of this title.

Last modified: November 27, 2007