Okla. Stat. tit. 2, § 2-6-405

permitted – Cooperation with federal agencies in enforcement of

regulations – Compensation – Appraisal – Proceedings barred pending

compensation – Injunction.

A. When it is determined by the State Board of Agriculture that

it is necessary to eradicate any dangerous, infectious or

communicable disease among domestic animals in the state, the

presence of which constitutes an emergency declared pursuant to the

Animal Disease Outbreak Temporary Emergency Act or declared by the

United States Department of Agriculture, the Board may take

reasonable and necessary steps to suppress and eradicate the

disease. The Board may cooperate with the Animal and Plant Health

Inspection Service (APHIS) of the United States Department of

Agriculture, federally recognized Indian tribes, state or local

government agencies, or any other private or public entity in the

suppression and eradication of the disease.

B. When an emergency has been declared, the Board or the State

Veterinarian may order:

1. Animals destroyed which are infected with the disease,

exposed to the disease, or are highly susceptible to exposure to the

disease because of proximity to diseased animals affected by the

disease;

2. Personal property to be destroyed in order to remove the

infection;

3. The cleaning and disinfection of any premises, exposed to

the disease, or are highly susceptible to exposure to the disease

Oklahoma Statutes - Title 2. Agriculture Page 350

because of proximity to diseased animals affected by the disease;

and

4. Any act and incur any other expense reasonably necessary to

destroy or suppress the disease.

C. The Governor, at the request of the Board, may take any

other emergency action necessary to ensure the health of the public

and the state livestock industry.

D. 1. The Board may:

a. accept on behalf of the state, the regulations adopted

by the Animal and Plant Health Inspection Service of

the United States Department of Agriculture pertaining

to the disease authorized under an act of Congress, or

the portion of the regulations deemed necessary,

suitable, or applicable, and

b. cooperate with the Animal and Plant Health Inspection

Service of the United States Department of

Agriculture, in the enforcement of such regulations.

2. Alternatively, the Board may follow the procedure only as to

quarantine, inspection, condemnation, appraisal, compensation,

destruction, burial of animals, disinfection, or other acts the

Board considers reasonably necessary for the destruction or

suppression of the disease as adopted by the Board.

E. 1. For the purpose of determining compensation as provided

by subsection F of this section, appraisals of animals or personal

property destroyed pursuant to the Animal Disease Outbreak Temporary

Emergency Act must be made by a Board-approved appraiser or by an

appraisal committee consisting of an appraiser representing the

Board, an appraiser representing the Animal and Plant Health

Inspection Service of the United States Department of Agriculture,

and an appraiser representing the owner. When, in the judgment of

the Board or the State Veterinarian, the animals to be killed or

personal property to be destroyed poses a disease threat, appraisals

may be conducted after the animals are killed based on documents,

testimony, or other relevant evidence.

2. Appraisals must be:

a. in writing and signed by the appraisers or appraisal

committee, and

b. made at the fair market value of all animals and

personal property appraised, unless otherwise provided

by applicable federal law or regulation when

compensation is paid by federal funds.

F. Upon destruction of animals or personal property, burial or

other disposition of the carcasses of the animals, and the

completion of the cleaning and disinfection of the premises in

accordance with the provisions of the Animal Disease Outbreak

Temporary Emergency Act, the Board or its authorized agent shall
y applicable federal law or regulation when

compensation is paid by federal funds.

F. Upon destruction of animals or personal property, burial or

other disposition of the carcasses of the animals, and the

completion of the cleaning and disinfection of the premises in

accordance with the provisions of the Animal Disease Outbreak

Temporary Emergency Act, the Board or its authorized agent shall

certify the appraisal to the Director of the Office of Management

Oklahoma Statutes - Title 2. Agriculture Page 351

and Enterprise Services. If funds are available for this purpose,

the Director shall then file a claim with the State Treasurer for a

warrant in the amount payable to the owner, excluding any

compensation received by the owner from other sources.

G. A person who believes that the Board's certified appraisal

is not sufficient may apply for a temporary restraining order or

injunctive relief from the appropriate district court.

H. 1. No person or other legal entity may initiate any

proceeding to collect a debt from the owner relating to animals or

personal property destroyed pursuant to this section, until the

owner has received compensation under paragraph F of this section.

2. If a person or other legal entity refuses to comply with

this subsection after being informed that the owner qualifies for

relief pursuant to the Animal Disease Outbreak Temporary Emergency

Act, the owner may apply to the district court in the county in

which the owner resides for a court order directing the person or

other legal entity to comply with this subsection and to reimburse

the owner for reasonable attorney fees incurred in obtaining the

court order.

3. The provisions of this subsection shall not affect the

validity of a mortgage foreclosure, contract for deed cancellation

or other proceeding involving the title to real property, unless the

owner records in the office of the county clerk where the real

property is located, prior to completion of the proceeding to

collect the debt, a certified copy of the court order determining

that the owner qualifies for relief pursuant to the Animal Disease

Outbreak Temporary Emergency Act, and the legal description of the

real property.

4. a. For purposes of proceedings involving title to real

property pursuant to paragraph 3 of this subsection,

the court order must provide that the order expires

ninety (90) days after the date of application for the

court order, unless the court extends the court order

prior to that date for good cause shown.

b. A certified copy of any extension of the court order

must be filed in the office of the county clerk in

order to affect the validity of a proceeding affecting

the title to real property.

5. For purposes of this subsection:

a. "completion of a proceeding to collect a debt" means,

in the case of a mortgage foreclosure or of a

foreclosure of any other lien on real property, the

filing or recording of the sheriff's certificate of

sale, and, in the case of a contract for deed

cancellation, the end of the cancellation period

provided in that law, and

Oklahoma Statutes - Title 2. Agriculture Page 352

b. "proceeding to collect a debt" includes foreclosure,

repossession, garnishment, levy, contract for deed

cancellation, an action to obtain a court judgment, a

proceeding to collect real estate taxes or special

assessments, eviction, and any other in-court and out-

of-court proceedings to collect a debt. The term

shall not include sending bills or other routine

communications to the owner.