1997 Minnesota Statutes

     3.737 Livestock owners; compensation for destroyed or 
  crippled animals. 

    Subdivision 1.    Compensation required.  
 Notwithstanding section 3.736, subdivision 3, paragraph (e), or 
 any other law, a livestock owner shall be compensated by the 
 commissioner of agriculture for livestock that is destroyed or 
 is crippled so that it must be destroyed by an animal classified 
 as endangered under the federal Endangered Species Act of 1973.  
 The owner is entitled to the fair market value of the destroyed 
 livestock, not to exceed $400 per animal destroyed, as 
 determined by the commissioner, upon recommendation of the 
 county extension agent for the owner's county and a conservation 
 officer.  The commissioner, upon recommendation of the agent and 
 conservation officer, shall determine whether the livestock was 
 destroyed by an animal described in this subdivision.  The owner 
 shall file a claim on forms provided by the commissioner and 
 available at the county extension agent's office. 

    Subd. 2.    Deduction from payment.  Payments made under 
 this section shall be reduced by amounts received by the owner 
 as proceeds from an insurance policy covering livestock losses, 
 or from any other source for the same purpose including, but not 
 limited to, a federal program. 

    Subd. 3.    Rules.  The commissioner shall adopt and may 
 amend rules to carry out this section which shall include:  
 methods of valuation of livestock destroyed; criteria for 
 determination of the cause for livestock loss; notice 
 requirements by the owner of destroyed livestock; and other 
 matters determined necessary by the commissioner to carry out 
 this section. 

    Subd. 4.    Payment, denial of compensation.  If the 
 commissioner finds that the livestock owner has shown that the 
 loss of the livestock was caused more probably than not by an 
 animal classified as an endangered species, the commissioner 
 shall pay compensation as provided in this section and in the 
 rules of the department.  

    If the commissioner denies compensation claimed by an owner 
 under this section, the commissioner shall issue a written 
 decision based upon the available evidence.  It shall include 
 specification of the facts upon which the decision is based and 
 the conclusions on the material issues of the claim.  A copy of 
 the decision shall be mailed to the owner.  

    A decision to deny compensation claimed under this section 
 is not subject to the contested case review procedures of 
 chapter 14, but may be reviewed upon a trial de novo in a court 
 in the county where the loss occurred.  The decision of the 
 court may be appealed as in other civil cases.  Review in court 
 may be obtained by filing a petition for review with the 
 administrator of the court within 60 days following receipt of a 
 decision under this section.  Upon the filing of a petition, the 
 administrator shall mail a copy to the commissioner and set a 
 time for hearing within 90 days of the filing.  

    HIST: 1977 c 450 s 4; 1982 c 424 s 130; 1982 c 629 s 1; 1983 c 
 247 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1988 c 469 art 1 s 
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