U_Stormcrow
Crossing the Road
So, here is the deal. States have what is in the US Legal System generally described as "the Police Power". It is the general authority to make law for the public health and welfare, and its a BROAD delegation of authority for response to disease. States are largely unchecked in their ability to use those powers, temporarily, in the face of outbreaks, particularly. The ability to enforce a quarantine - to literally lock families into their home (or even an entire town within its borders) and prevent exit falls squarely within that power, and originates from a time when there was neither widespread testing, nor reliable testing for particularl ydiseases - so the law that has developed around those uses of State power do not rely upon such discriminating requirements. There are plenty of examples of locking an entire family in, though only a single member is symptomatic. Its possitively medieval, yes, but it remains (with caveats and carve outs) the state of the law essentially worldwide.
The US State statutes delegating that power (usually to the Commisioner of Agriculture or similar) were written in a time when the US was largely agrarian, many states were highly repliant upon agriculture as their primary products for export, and a disease outbreak could wipe out entire industries. Those delegations are VERY broad. In many cases, the States can simply designate a zone where disease has been found and destroy every bird, or cow, or pig, or whatever within it. Whether or not that action constitutues "a taking" for which just compensation must be paid is a closer question - but the answer is probably not.
Now, cheaper, faster testing together with public outrage has *mostly* resulted in more surgical use of that grant of authority by State Ag Comms (or equivalent). Typically, they establish quarantine zones for monitoring, assert the authority to destroy every [designated] animal type breaking quarantine [plus all similar animals they come in contact with]. That forms the quarantine itself. Within the quarantine, if any animal tests positive for whatever disease has been designated a health emergency, the whole flock/herd is culled.
CA spent the beter part of two years getting END/vND under control. Millions of birds were culled - and they used Google maps, among other resources, to find backyard owners. There's nothing you can do to hide birds now if the satellites have already seen your coop(s). The EU has been dealing with AI for several years now, its found from the UK to Isreal - and their actions to contain it make CA's look like half measures. Even so, "well meaning" {ahem} idiots in CA managed to export vND to two neighboring states, resulting in large culls there as well. They did the same the decade before.
Please, if your flock is designated for culling due to illness - don't try to "save them" by placing hundreds, thousands, literally millions of other people's birds at risk. Its selfish, irresponsible, and illegal. Be a good citizen, seek compensation thru the legal system, and start over when this has passed. The State has intruded into our lives in lots of places where I disagree, but in this, the State's power is traditionally strongest - defense of the community and the containment of disease (an aspect of community fdefense) are the oldest and most traditional powers - and purpose - of community governance. It is, historically, why the State exists.
The US State statutes delegating that power (usually to the Commisioner of Agriculture or similar) were written in a time when the US was largely agrarian, many states were highly repliant upon agriculture as their primary products for export, and a disease outbreak could wipe out entire industries. Those delegations are VERY broad. In many cases, the States can simply designate a zone where disease has been found and destroy every bird, or cow, or pig, or whatever within it. Whether or not that action constitutues "a taking" for which just compensation must be paid is a closer question - but the answer is probably not.
Now, cheaper, faster testing together with public outrage has *mostly* resulted in more surgical use of that grant of authority by State Ag Comms (or equivalent). Typically, they establish quarantine zones for monitoring, assert the authority to destroy every [designated] animal type breaking quarantine [plus all similar animals they come in contact with]. That forms the quarantine itself. Within the quarantine, if any animal tests positive for whatever disease has been designated a health emergency, the whole flock/herd is culled.
CA spent the beter part of two years getting END/vND under control. Millions of birds were culled - and they used Google maps, among other resources, to find backyard owners. There's nothing you can do to hide birds now if the satellites have already seen your coop(s). The EU has been dealing with AI for several years now, its found from the UK to Isreal - and their actions to contain it make CA's look like half measures. Even so, "well meaning" {ahem} idiots in CA managed to export vND to two neighboring states, resulting in large culls there as well. They did the same the decade before.
Please, if your flock is designated for culling due to illness - don't try to "save them" by placing hundreds, thousands, literally millions of other people's birds at risk. Its selfish, irresponsible, and illegal. Be a good citizen, seek compensation thru the legal system, and start over when this has passed. The State has intruded into our lives in lots of places where I disagree, but in this, the State's power is traditionally strongest - defense of the community and the containment of disease (an aspect of community fdefense) are the oldest and most traditional powers - and purpose - of community governance. It is, historically, why the State exists.
