South Dakota Department of Health v. Heim

HENDERSON, Justice.

PROCEDURAL HISTORY/FACTS

This is an appeal from a judgment of December 21, 1983, after trial to the court, denying compensation from the State of South Dakota for the destruction of a diseased elk herd. We affirm.

A skin test administered to appellant’s elk in September 1981, indicated the presence of bovine tuberculosis. The animals were placed under quarantine and on October 2, 1981, a Complaint for Abatement of a Public Health Hazard was filed.

A similar suit was pending in the Eighth Judicial Circuit concerning the elk herd of James and Dwight Owen, which had been…