{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-6-405","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-6-405","heading":"Suppression and eradication of disease – Actions","body":"permitted – Cooperation with federal agencies in enforcement of\n\nregulations – Compensation – Appraisal – Proceedings barred pending\n\ncompensation – Injunction.\n\nA. When it is determined by the State Board of Agriculture that\n\nit is necessary to eradicate any dangerous, infectious or\n\ncommunicable disease among domestic animals in the state, the\n\npresence of which constitutes an emergency declared pursuant to the\n\nAnimal Disease Outbreak Temporary Emergency Act or declared by the\n\nUnited States Department of Agriculture, the Board may take\n\nreasonable and necessary steps to suppress and eradicate the\n\ndisease. The Board may cooperate with the Animal and Plant Health\n\nInspection Service (APHIS) of the United States Department of\n\nAgriculture, federally recognized Indian tribes, state or local\n\ngovernment agencies, or any other private or public entity in the\n\nsuppression and eradication of the disease.\n\nB. When an emergency has been declared, the Board or the State\n\nVeterinarian may order:\n\n1. Animals destroyed which are infected with the disease,\n\nexposed to the disease, or are highly susceptible to exposure to the\n\ndisease because of proximity to diseased animals affected by the\n\ndisease;\n\n2. Personal property to be destroyed in order to remove the\n\ninfection;\n\n3. The cleaning and disinfection of any premises, exposed to\n\nthe disease, or are highly susceptible to exposure to the disease\n\nbecause of proximity to diseased animals affected by the disease;\n\nand\n\n4. Any act and incur any other expense reasonably necessary to\n\ndestroy or suppress the disease.\n\nC. The Governor, at the request of the Board, may take any\n\nother emergency action necessary to ensure the health of the public\n\nand the state livestock industry.\n\nD. 1. The Board may:\n\na. accept on behalf of the state, the regulations adopted\n\nby the Animal and Plant Health Inspection Service of\n\nthe United States Department of Agriculture pertaining\n\nto the disease authorized under an act of Congress, or\n\nthe portion of the regulations deemed necessary,\n\nsuitable, or applicable, and\n\nb. cooperate with the Animal and Plant Health Inspection\n\nService of the United States Department of\n\nAgriculture, in the enforcement of such regulations.\n\n2. Alternatively, the Board may follow the procedure only as to\n\nquarantine, inspection, condemnation, appraisal, compensation,\n\ndestruction, burial of animals, disinfection, or other acts the\n\nBoard considers reasonably necessary for the destruction or\n\nsuppression of the disease as adopted by the Board.\n\nE. 1. For the purpose of determining compensation as provided\n\nby subsection F of this section, appraisals of animals or personal\n\nproperty destroyed pursuant to the Animal Disease Outbreak Temporary\n\nEmergency Act must be made by a Board-approved appraiser or by an\n\nappraisal committee consisting of an appraiser representing the\n\nBoard, an appraiser representing the Animal and Plant Health\n\nInspection Service of the United States Department of Agriculture,\n\nand an appraiser representing the owner. When, in the judgment of\n\nthe Board or the State Veterinarian, the animals to be killed or\n\npersonal property to be destroyed poses a disease threat, appraisals\n\nmay be conducted after the animals are killed based on documents,\n\ntestimony, or other relevant evidence.\n\n2. Appraisals must be:\n\na. in writing and signed by the appraisers or appraisal\n\ncommittee, and\n\nb. made at the fair market value of all animals and\n\npersonal property appraised, unless otherwise provided\n\nby applicable federal law or regulation when\n\ncompensation is paid by federal funds.\n\nF. Upon destruction of animals or personal property, burial or\n\nother disposition of the carcasses of the animals, and the\n\ncompletion of the cleaning and disinfection of the premises in\n\naccordance with the provisions of the Animal Disease Outbreak\n\nTemporary Emergency Act, the Board or its authorized agent shall\ny applicable federal law or regulation when\n\ncompensation is paid by federal funds.\n\nF. Upon destruction of animals or personal property, burial or\n\nother disposition of the carcasses of the animals, and the\n\ncompletion of the cleaning and disinfection of the premises in\n\naccordance with the provisions of the Animal Disease Outbreak\n\nTemporary Emergency Act, the Board or its authorized agent shall\n\ncertify the appraisal to the Director of the Office of Management\n\nand Enterprise Services. If funds are available for this purpose,\n\nthe Director shall then file a claim with the State Treasurer for a\n\nwarrant in the amount payable to the owner, excluding any\n\ncompensation received by the owner from other sources.\n\nG. A person who believes that the Board's certified appraisal\n\nis not sufficient may apply for a temporary restraining order or\n\ninjunctive relief from the appropriate district court.\n\nH. 1. No person or other legal entity may initiate any\n\nproceeding to collect a debt from the owner relating to animals or\n\npersonal property destroyed pursuant to this section, until the\n\nowner has received compensation under paragraph F of this section.\n\n2. If a person or other legal entity refuses to comply with\n\nthis subsection after being informed that the owner qualifies for\n\nrelief pursuant to the Animal Disease Outbreak Temporary Emergency\n\nAct, the owner may apply to the district court in the county in\n\nwhich the owner resides for a court order directing the person or\n\nother legal entity to comply with this subsection and to reimburse\n\nthe owner for reasonable attorney fees incurred in obtaining the\n\ncourt order.\n\n3. The provisions of this subsection shall not affect the\n\nvalidity of a mortgage foreclosure, contract for deed cancellation\n\nor other proceeding involving the title to real property, unless the\n\nowner records in the office of the county clerk where the real\n\nproperty is located, prior to completion of the proceeding to\n\ncollect the debt, a certified copy of the court order determining\n\nthat the owner qualifies for relief pursuant to the Animal Disease\n\nOutbreak Temporary Emergency Act, and the legal description of the\n\nreal property.\n\n4. a. For purposes of proceedings involving title to real\n\nproperty pursuant to paragraph 3 of this subsection,\n\nthe court order must provide that the order expires\n\nninety (90) days after the date of application for the\n\ncourt order, unless the court extends the court order\n\nprior to that date for good cause shown.\n\nb. A certified copy of any extension of the court order\n\nmust be filed in the office of the county clerk in\n\norder to affect the validity of a proceeding affecting\n\nthe title to real property.\n\n5. For purposes of this subsection:\n\na. \"completion of a proceeding to collect a debt\" means,\n\nin the case of a mortgage foreclosure or of a\n\nforeclosure of any other lien on real property, the\n\nfiling or recording of the sheriff's certificate of\n\nsale, and, in the case of a contract for deed\n\ncancellation, the end of the cancellation period\n\nprovided in that law, and\n\nb. \"proceeding to collect a debt\" includes foreclosure,\n\nrepossession, garnishment, levy, contract for deed\n\ncancellation, an action to obtain a court judgment, a\n\nproceeding to collect real estate taxes or special\n\nassessments, eviction, and any other in-court and out-\n\nof-court proceedings to collect a debt. The term\n\nshall not include sending bills or other routine\n\ncommunications to the owner.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3d11ba9a527e775dcd653cc568320b421287c4897d4c5fd5298d87ae90160c30","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-6-404","next":"us-ok/okla.-stat.-tit.-2-2-6-5"},"notice":"GroundRules: Original legal text. Not legal advice."}