[§194-5  Entry; private property.]  (a) Whenever any invasive species identified by the council for control oreradication is found on private property, a department may enter such premisesto control or eradicate the invasive species after reasonable notice is givento the owner of the property and, if entry is refused, pursuant to the courtorder in subsection (d).

(b)  If applicable, a duplicate of the noticeso given shall be left with one or more of the tenants or occupants of thepremises.  If the premises are unoccupied, notice shall be mailed to the lastknown place of residence of the owner, if residing in the State.  If the ownerresides out of the State or cannot be expeditiously provided with notice,notice left at the house or posted on the premises shall be sufficient.

(c)  The department may instead cause notice tobe given, and order the owner to control or eradicate the invasive species, ifsuch species was intentionally and knowingly established by the owner on theowner's property and not naturally dispersed from neighboring properties, atthe owner's expense within such reasonable time as the department may deemproper, pursuant to the notice requirements of this section.

(d)  If the owner thus notified fails to complywith the order of the department, or its agent, within the time specified bythe department, or if entry is refused after notice is given pursuant tosubsection (a) and, if applicable subsection (b), the department or its agentmay apply to the district court of the circuit in which the property issituated for a warrant, directed to any police officer of the circuit,commanding the police officer to take sufficient aid and to assist thedepartment member or its agent in gaining entry onto the premises, andexecuting measures to control or eradicate the invasive species.

(e)  The department may recover by appropriateproceedings the expenses incurred by its order from any owner who, after propernotice, has failed to comply with the department's order.

(f)  In no case shall the department or anyofficer or agent thereof be liable for costs in any action or proceeding thatmay be commenced pursuant to this [chapter]. [L 2003, c 85, §6; am L 2004, c10, §16; am L 2006, c 109, §2]