Bees, 100942 NDAGO, AGO 42-32

• Case Date: October 09, 1942
• Court: North Dakota

BEES AGO 42-32 No. 42-32 North Dakota Attorney General Opinion October 9, 1942           OPINION          RE: Destruction of foul hives          Your inquiry of October 5th, relative to the right of the bee inspector to destroy beehives infested with American foul brood, owing to the fact that the law does not provide compensation to the owner, has been referred to the undersigned.          The right of destruction is contained in section 2790a9 of the 1925 Supplement, as amended by chapter 91 Session Laws of 1929. This specifically provides that there shall be no compensation and I do not think that the fact that no compensation is paid would in any manner affect the validity of the Act. Our Supreme Court in the case of Neer v. State Livestock Sanitary Board, 40 North Dakota page 340, in the fourth paragraph of the syllabus stated:

"There is no property right in that which is a nuisance and no right of liberty in that which is harmful to the public weal."

         The case of Neer v. State Livestock Sanitary Board presented facts somewhat similar to the question which is now confronting you. That statute, however, differs considerably, and that difference consisted of the right of the person whose animals were to be destroyed, to have a hearing...