Attorney General Opinion No.

George Teagarden Livestock Commissioner Kansas Animal Health Department 708 S.W. Jackson Topeka, Kansas 66603

Dear Mr. Teagarden:

As Livestock Commissioner you ask our opinion regarding the Kansas Animal Health Department's statutory indemnification responsibilities for condemning any domestic elk which have tested positive for tuberculosis.

Your question is prompted by the following scenario: At least one domestic elk among a herd of eighty has died and tested positive for tuberculosis. The herd consists of three bucks valued at $35,000 each; the remaining elk in the herd are valued at $3,000…