South Dakota Department of Health v. Owen

FOSHEIM, Chief Justice.

James and Dwight Owen (appellants) dispute a circuit court decision which ordered destruction of their commercial elk herd. The South Dakota Department of Health (Department) appeals a decision ordering it to compensate the Owens for the destruction. On notice of review, appellants challenge the measure of compensation. We reverse and remand.

In May 1981, appellants’ veterinarian examined two dead elk from their commercial herd. As a result of that examination the veterinarian suspected the dead elk were infected with tuberculosis. That suspicion was confirmed by a…