Art. 14.] Miscellaneous Provisions 1967 



their products, boxes, containers or packing material must be 

 treated or destroyed forthwith, he may employ all necessary assist- 

 ants for that purpose, and such person or persons, agent or agents, 

 employee or employees, may enter upon any or all premises in any 

 city or town necessary for the purposes of such treatment, removal 

 or destruction. The commissioner of agriculture shall ascertain Appraisal 



"^ of value. 



the value of all boxes or containers destroyed and all trees, shrubs, 

 j)lants, vines or their products destroyed on the ground that there 

 was reasonable cause to believe they were or might be infected, 

 infested or diseased as provided herein by having an agent of 

 the department appraise the same. If the owner thereof is not Arbitration 



^ ^ ^ or value. 



satisfied with the value as fixed in such appraisal, then two arbi- 

 trators shall be appointed, one by the owner and one by the com- 

 missioner of agriculture or his duly authorized representative, 

 and the value fixed by such arbitrators shall be final when duly 

 approved by the commissioner of agriculture. But if such arbi- oetermina- 

 trators fail to agree, then each arbitrator shall make a report to the "' ^^'"«- 

 commissioner of agriculture setting forth the values as determined 

 by him and the said commissioner shall thereafter fix a value upon 

 the articles so appraised. If the owner is not satisfied with the 

 value so fixed, he may take an appeal therefrom to the court of Appeal to 



, the cour; 



claims, which court is hereby authorized to pass upon the questions °' claims. 



involved and determine the amount due the said owner. The 



commissioner of agriculture shall thereafter make to the comp- statement 



^ j^ to comp- 



troller of the state of New York a detailed statement in which he ''■°"^''- 



shall set forth the boxes and containers thus destroyed and the 

 trees, shrubs, and plants destroyed on the ground of reasonable 

 cause to believe that they were or might have been infected, in- 

 fested or diseased and the value thereof determined as provided 

 herein. The comptroller shall thereafter draw his warrant on the Payment, 

 treasurer for the amount certified by the commissioner of agri- 

 culture as the value thereof and the treasurer shall pay to the 

 owner or owners of the said boxes, containers, trees, shrubs, plants, 

 vines or their products so destroyed the value thereof from any 

 money in the treasury specifically appropriated therefor. The 

 ]>rovisions of this section shall apply to all boxes, containers, trees, 

 shrubs, plants, vines or their products hereafter or heretofore 

 destroyed, except as to such boxes, containers, trees, shrubs, plants, Exceptions, 



