§141-3.6  Entry of private property
to control or eradicate any pests.  (a)  The department of agriculture
shall give at least five days notice to the landowner and the occupier of any
private property of its intention to enter the property for the control or
eradication of a pest.  Written notice sent to the landowner's last known
address by certified mail, postage prepaid, return receipt requested, shall be
deemed sufficient notice.  In the event that certified mail is impractical
because the department, despite diligent efforts, cannot determine land
ownership or because of urgent need to initiate control or eradication
measures, notice given once in a daily or weekly publication of general
circulation, in the county where any action or proposed action will be taken,
or notice made as otherwise provided by law, shall be deemed sufficient
notice.  The notice shall set forth all pertinent information on the pest
control program and the procedures and methods to be used for control or
eradication.



(b)  After notice as required by subsection
(a), any member of the department or any agent authorized by the department may
enter at reasonable times any private property other than dwelling places to
maintain a pest control or eradication program, being liable only for damage
caused by acts beyond the scope of the person's authority, or the person's
negligence, gross negligence, or intentional misconduct.  If entry is refused,
the department member or agent may apply to the district court in the circuit
in which the property is located for a warrant to enter on the premises to
effectuate the purposes of this chapter.  The district court may issue a
warrant directing a police officer of the circuit to assist the department
member or agent in gaining entry onto the premises during regular working hours
or at other reasonable times. [L 1989, c 267, pt of §1; am L 1992, c 72, §2; am
L 1993, c 56, §1; am L 1997, c 62, §1]



 



Cross References



 



  Entry of private
property for enforcement, see §150A-11.5.