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



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



(2)  Stabilizing or removing unstable rock and soil
hazards; or



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



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



(b)  Written notice sent to the landowner's
last known address by certified mail, postage prepaid, return receipt
requested, shall be deemed sufficient notice.  If land ownership cannot be
determined, notice shall be given once in a daily or weekly publication of
general circulation in the county where any action or proposed action will be
taken.



(c)  If entry is refused, the governor may
apply to the district court in the circuit in which the property is located for
a warrant to enter the premises.  The district court may issue a warrant
directing the chief of the appropriate county police to assist the governor in
gaining entry onto the premises during regular working hours or at other
reasonable times.



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