2-1319.   Control and eradication of noxious weeds;payment of costs;sale of chemicals for use on private property, price.(a) The cost of controlling and eradicating noxious weeds on all lands orhighways owned or supervised by a state agency, department or commissionshall be paid by the state agency, department or commission supervisingsuch lands or highways from funds appropriated to its use; oncountylands and county roads, on township lands and township roads, on citylands, streets and alleys by the county, township or city in which suchlands, roads, streets and alleys are located, and from fundsmadeavailable for that purpose; on drainage districts, irrigation districts,cemetery associations and other political subdivisions of the state, thecosts shall be paid from their respective funds made availablefor thepurpose. If the governing body of any political subdivision owning orsupervising lands infested with noxious weeds within their jurisdiction failsto control such noxious weeds after15 days' notice directing any such body to do so, the board of countycommissioners shall proceed to have proper control and eradicationmethods used upon such lands, and shall notify the governing body of thepolitical subdivision by certified mail of the costs of such operations,with a demand for payment. The governing body of the politicalsubdivision shall pay such costs from its noxious weed fund, or if nosuch fund is available, from its general fund or from any other fundsavailable for such purpose. Copy of the statement, together with proofof notification, shall at the same time be filed with the county clerk,and if the amount is not paid within 30 days,such clerkshall spread the amount upon the tax roll of the subdivision, andsuch amount shall become a lien against the entire territory located withinthe particular political subdivision, and shall be collected as othertaxes are collected.

      (b)   All moneys collected pursuant to this section shall be paid into thecounty noxious weed eradication fund.

      (c)   As used in this section, "governing body" means the board, body, orpersons in which the powers of a political subdivision as a bodycorporate are vested; and "political subdivision"means any agency or unit of the stateauthorized to levy taxes or empowered to cause taxes to be levied.

      (d)   Onall other lands the owner thereof shall pay the cost of control anderadication of noxious weeds. Except as provided inK.S.A. 2-1333 and amendments thereto, chemical materials for use onprivately owned lands may be purchased from the board of countycommissioners at a price fixed by the board of county commissionerswhich shall be in an amount equal to not less than50% nor morethan 75% of the total cost incurred by thecounty inpurchasing, storing and handling such chemical materials. However, oncethe tax levying body of a county, city or township has authorized a taxlevy of 1.5 mills or more, the board of county commissionersmay collect from the owner of privately owned lands an amount equal to 75% butnot more than 100% of the totalcost incurred by the county in purchasing, storing and handling of chemicalmaterials used in the control and eradication of noxious weeds on suchprivatelyowned lands. Wheneverofficial methods of eradication, adopted by thesecretary ofagriculture, are not followed in applying the chemical materials sopurchased, the board of county commissioners may collect the remainingportion of the total cost thereof.

      History:   L. 1937, ch. 1, § 6; L. 1957, ch. 7, § 5; L. 1976,ch. 6, § 1; L. 1979, ch. 5, § 1;L. 1991, ch. 4, § 1;L. 1999, ch. 154, § 29;L. 2004, ch. 101, § 30; July 1.