Section 31. If an owner is entitled to compensation for the killing of an animal or the destruction of other property under this chapter, and cannot agree with the director as to its value, the director and the owner may each select an arbitrator, and if the owner neglects or refuses to select an arbitrator within twenty-four hours after notice that the director has selected one, the arbitrator selected by the director may select another. In each case if the two arbitrators cannot agree as to the value, they may select a third. The arbitrators shall be sworn to the faithful performance of their duties and shall determine the value within the limits provided by sections eleven to fourteen, inclusive, and the amount so fixed shall be paid to the owner.
If the owner's right to compensation is in dispute, if either party prefers to submit the amount of damages to judicial determination, or if the award of the arbitrators is unsatisfactory to either party, the owner or the director may, within thirty days after the killing of such animal or the destruction of such property, or, if arbitrators have been appointed, within thirty days after the date of their award, file a petition for the assessment of damages in the superior court for Suffolk county or for the county where the killing or destruction occurred. A copy of the petition shall be served upon the adverse party. If upon such petition it appears that the owner is entitled by law to compensation, the damages shall be assessed under chapter seventy-nine within the limits provided by sections eleven to fourteen, inclusive, of this chapter. The damages, costs and expenses incurred by the director in prosecuting or defending the petition shall be paid by the commonwealth.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Chapter 129 - Livestock Disease Control
Section 2 - Powers and Duties of Director; Orders
Section 3 - Records of Inspectors; Forms
Section 4 - Certification of Documents by Clerk
Section 5 - Entry of Orders, Rules and Regulations on Records; Publication
Section 6 - Aid to Director and Inspectors by Sheriffs, Constables and Police Officers
Section 8 - Hospitals and Quarantine Stations
Section 10 - Examination of Persons Under Oath; Mandatory Attendance and Testimony of Witnesses
Section 11 - Isolation or Destruction of Diseased Animals; Post Mortem Examination
Section 13a - Destruction of Animals Affected With Scrapie; Partial Compensation
Section 14b - Feeding Garbage to Swine
Section 14c - Hog Cholera; Slaughtering of Hogs; Payment to Owners
Section 14d - Hogs Affected With Brucellosis; Quarantine and Testing
Section 14e - Breeding, Feeder or Slaughter Swine Imported Into Commonwealth
Section 15 - Inspector of Animals; Appointment
Section 16 - Refusal or Neglect of Town to Appoint Inspector; Appointment by Director
Section 17 - Oath of Inspectors; Compensation; Reimbursement of Towns
Section 18 - Duties of Inspectors; Training; Enforcement
Section 19 - Inspections of Domestic Animals
Section 20 - Certificate of Healthy Condition
Section 21 - Quarantine of Diseased Animals; Notice or Order; Records
Section 22 - Service of Notice or Order of Quarantine; Return; Evidence
Section 22a - Dogs Owned by Police Departments or Agencies
Section 23 - Examination of Buildings; Report
Section 24 - Notice of Quarantine
Section 25 - Records of Inspectors of Animals; Returns
Section 26 - Application of Chapter to Inspectors in Boston
Section 26a - Shipping Cattle Into Commonwealth Without Inspection; Certificate of Health
Section 27 - Seizure, Quarantine and Destruction of Imported Diseased Animals
Section 28 - Notice of Contagious Disease to Director
Section 29 - Expense of Quarantine
Section 30 - Effect of Quarantine; Release; Violation of Quarantine; Penalty
Section 31 - Damages; Arbitration; Petition for Assessment of Damages
Section 32 - Use of Tuberculin as Diagnostic Agent; Tests
Section 33 - Compensation for Animals Reacting to Tuberculin Test; Appraisals
Section 33d - Tests for Detection of Brucellosis; Identification of Animals; Destruction
Section 34 - Compensation to Violators of Regulations
Section 35 - Driving Certain Cattle on Public Ways or Roads
Section 36 - Notice of Contagious Diseases
Section 36d - Importation of Vaccinated Animals; Conditions
Section 36e - Importation of Unvaccinated Female Cattle Over Five Months of Age
Section 36f - Brucellosis, Imported Cattle, Blood Testing
Section 36h - Waiver of Compliance With Secs. 36b, 36d to 36f
Section 39 - Licensing of Persons Dealing in Bovine and Porcine Animals; Fee
Section 39a - Pet Shops; Licensing Operation; Animal Health Inspections
Section 39b - Guard Dog Businesses; Licenses
Section 39c - Hearing Dog Business; Licenses
Section 39d - Hearing Dog Business; Access to Public Facilities
Section 39e - Livestock Auction Business; Licenses
Section 39f - Service Dogs; Trainer Rights
Section 40a - Hog Cholera Vaccine; Prohibited Use
Section 42 - Tagging Bovine Animal With Identification Tag
Section 43 - Penalties for Violation of Secs. 39 to 42
Section 44 - Testing of Imported Equine Animals for Infectious Anemia; Certification
Section 44a - Destruction or Quarantine of Infected Equine Animals
Section 45 - License to Deal in or Auction Equine Animals
Section 46 - License Plates for Vehicles Transporting Equine Animals