[§128-10.3]  Civil defense powers;mitigation of hazardous situations.  (a)  Even in the absence of a civildefense activity or other emergency, the governor may authorize designatedstate employees to enter private property at reasonable times to mitigatesituations deemed by the governor to be hazardous to the health and safety ofthe public; provided that this section shall be applicable only to thefollowing actions:

(1)  Cutting, trimming, or removing dangerous trees orbranches that pose a hazard to other properties;

(2)  Stabilizing or removing unstable rock and soilhazards; or

(3)  Cleaning streams and waterways to mitigate orprevent flooding or other disasters;

provided further that at least ten days' noticeshall be provided to the landowner and to the occupier of the private propertyof the governor's intention to authorize designated state employees to enterthe property to mitigate the hazardous situation; provided further that thelandowner or occupier shall be given a reasonable opportunity to mitigate thehazardous situation without assistance of the State before designated stateemployees may enter the property.

(b)  Written notice sent to the landowner'slast known address by certified mail, postage prepaid, return receiptrequested, shall be deemed sufficient notice.  If land ownership cannot bedetermined, notice shall be given once in a daily or weekly publication ofgeneral circulation in the county where any action or proposed action will betaken.

(c)  If entry is refused, the governor mayapply to the district court in the circuit in which the property is located fora warrant to enter the premises.  The district court may issue a warrantdirecting the chief of the appropriate county police to assist the governor ingaining entry onto the premises during regular working hours or at otherreasonable times.

(d)  The governor may seek recovery andreimbursement, by appropriate proceedings, of all costs and expenses incurredin the mitigation of a hazardous situation under this section, and any costsand expenses imposed against any landowner shall be a lien upon the landowner'sproperty. [L 2009, c 76, §2]