3-206. Destruction of noninfected crops upon
abatement of nuisance; procedure; hearing; evidence;
compensation
A. If the plants constituting the nuisance consist of growing crops, trees,
orchards, vines or shrubbery, and the infestation or infection is by a plant pest or
disease of such a nature, or if the location of the plants with respect to other plants
not infested or infected is a part of the same crop, or is growing immediately adjacent
to the infested or infected plants, and the director believes it is impractical to abate
the nuisance, and to suppress, eradicate or control the crop pest or disease without
destroying the whole of the crop, trees, orchard, vines or shrubbery of which the
infested or infected plants are a part, or without serious injury to uninfected or
uninfested plants, then the director may adopt proper measures to control, eradicate and
suppress the crop pest or disease, although it causes a destruction of the crops, trees,
orchards, vines and shrubbery, or an injury to uninfected or uninfested plants which are
a part of the crops, trees, orchards, vines or shrubbery.
B. Before proceeding with abatement of the nuisance or suppressing, eradicating or
controlling the crop pest or disease, the director shall serve written notice upon the
owner or person in charge of the premises on which the nuisance is located, specifying
the infestation or infection and directing the person to appear at a hearing to be held
at a time and place within the county where the nuisance exists, and show cause why the
crop, trees, orchard, vines or shrubbery should not be destroyed in whole or in part.
C. The notice shall be personally served on the person, if he is found within the
county where the nuisance exists, at least five days prior to the hearing. If the person
is a nonresident or cannot be found in the county, then the notice shall be published in
a newspaper published in the county for at least seven days prior to the hearing, and in
addition, a copy thereof shall be posted in a conspicuous place on or at the premises
involved for a like period.
D. Any interested party may appear at the hearing and be heard, either in person
or by attorney. The hearing officer shall preserve a record of all evidence introduced,
and at the conclusion of the hearing shall enter an order conforming to his findings.
E. Any crop or portion thereof which is destroyed pursuant to this section shall be
paid for from the general fund. The payments shall equal sixty per cent of its value at
the time of destruction. If the damages are disputed the director may settle the dispute
by arbitration.
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