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

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

 

Cross References

 

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