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



(b)  If applicable, a duplicate of the notice
so given shall be left with one or more of the tenants or occupants of the
premises.  If the premises are unoccupied, notice shall be mailed to the last
known place of residence of the owner, if residing in the State.  If the owner
resides 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 to
be given, and order the owner to control or eradicate the invasive species, if
such species was intentionally and knowingly established by the owner on the
owner's property and not naturally dispersed from neighboring properties, at
the owner's expense within such reasonable time as the department may deem
proper, pursuant to the notice requirements of this section.



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



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



(f)  In no case shall the department or any
officer or agent thereof be liable for costs in any action or proceeding that
may be commenced pursuant to this [chapter]. [L 2003, c 85, §6; am L 2004, c
10, §16; am L 2006, c 109, §2]