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Colorado may face suit over CWD
Elk ranchers want $10 million for their dead herds
By Gary Gerhardt, Rocky Mountain News
August 1, 2002
Ten elk ranchers whose herds were killed in an effort to control chronic wasting disease are threatening to sue the state for $10 million in additional compensation.
Denver-area attorney James Kreutz said Wednesday the ranchers believe the loss of their animals, property values and future income violates their constitutional rights.
"There is a statutory provision that agricultural officials have the right to quarantine livestock for health reasons, but they also have an obligation to fairly compensate the ranchers for the damages they suffer," Kreutz said.
The state Department of Agriculture and Division of Wildlife are named in the possible action.
Most of the ranchers live in the so-called CWD endemic area in northeastern Colorado. One exception is Rich Forrest in Del Norte who lost his herd after one animal died of CWD.
The always fatal CWD attacks the brain of the animal, causing it to waste away.
When the disease was discovered in ranched elk herds, the U.S. Department of Agriculture offered the owners up to $3,000 for each animal killed.
But there was often a gap of months between detection of CWD and destruction of the animals. During that time, ranchers were forced to continue feeding the animals, running up large bills.
Kreutz, who spent five years with the state Attorney General's office, said he was contacted by Allen Kincaid, a Brush lawyer who asked him to join in the case.
"As we looked at it, it became obvious that the federal government upheld its part and paid for the destroyed animals. But the state quarantined the ranches and paid nothing for destroying livelihoods," Kreutz said.
Craig McConnell, whose ranch near Stoneham was blamed for a number of CWD-positive elk, listed damages at $1.4 million in lost feed, equipment, semen, facilities and breeding animals along with $500,000 on the sale of his ranch.
He also listed annual losses of $300,000 in boarding elk, $300,000 in auction income, $368,000 in farm sales and $45,000 in lost wages for two farm hands.
Linh Truong, spokeswoman for the state Department of Agriculture, said the state Attorney General's office advised them not to discuss pending litigation.
Elk ranchers want $10 million for their dead herds
By Gary Gerhardt, Rocky Mountain News
August 1, 2002
Ten elk ranchers whose herds were killed in an effort to control chronic wasting disease are threatening to sue the state for $10 million in additional compensation.
Denver-area attorney James Kreutz said Wednesday the ranchers believe the loss of their animals, property values and future income violates their constitutional rights.
"There is a statutory provision that agricultural officials have the right to quarantine livestock for health reasons, but they also have an obligation to fairly compensate the ranchers for the damages they suffer," Kreutz said.
The state Department of Agriculture and Division of Wildlife are named in the possible action.
Most of the ranchers live in the so-called CWD endemic area in northeastern Colorado. One exception is Rich Forrest in Del Norte who lost his herd after one animal died of CWD.
The always fatal CWD attacks the brain of the animal, causing it to waste away.
When the disease was discovered in ranched elk herds, the U.S. Department of Agriculture offered the owners up to $3,000 for each animal killed.
But there was often a gap of months between detection of CWD and destruction of the animals. During that time, ranchers were forced to continue feeding the animals, running up large bills.
Kreutz, who spent five years with the state Attorney General's office, said he was contacted by Allen Kincaid, a Brush lawyer who asked him to join in the case.
"As we looked at it, it became obvious that the federal government upheld its part and paid for the destroyed animals. But the state quarantined the ranches and paid nothing for destroying livelihoods," Kreutz said.
Craig McConnell, whose ranch near Stoneham was blamed for a number of CWD-positive elk, listed damages at $1.4 million in lost feed, equipment, semen, facilities and breeding animals along with $500,000 on the sale of his ranch.
He also listed annual losses of $300,000 in boarding elk, $300,000 in auction income, $368,000 in farm sales and $45,000 in lost wages for two farm hands.
Linh Truong, spokeswoman for the state Department of Agriculture, said the state Attorney General's office advised them not to discuss pending litigation.
