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 or
highways owned or supervised by a state agency, department or commission
shall be paid by the state agency, department or commission supervising
such lands or highways from funds appropriated to its use; on
county
lands and county roads, on township lands and township roads, on city
lands, streets and alleys by the county, township or city in which such
lands, roads, streets and alleys are located, and from funds
made
available for that purpose; on drainage districts, irrigation districts,
cemetery associations and other political subdivisions of the state, the
costs shall be paid from their respective funds made available
for the
purpose. If the governing body of any political subdivision owning or
supervising lands infested with noxious weeds within their jurisdiction fails
to control such noxious weeds after
15 days' notice directing any such body to do so, the board of county
commissioners shall proceed to have proper control and eradication
methods used upon such lands, and shall notify the governing body of the
political subdivision by certified mail of the costs of such operations,
with a demand for payment. The governing body of the political
subdivision shall pay such costs from its noxious weed fund, or if no
such fund is available, from its general fund or from any other funds
available for such purpose. Copy of the statement, together with proof
of notification, shall at the same time be filed with the county clerk,
and if the amount is not paid within 30 days,
such clerk
shall spread the amount upon the tax roll of the subdivision, and
such amount shall become a lien against the entire territory located within
the particular political subdivision, and shall be collected as other
taxes are collected.
(b) All moneys collected pursuant to this section shall be paid into the
county noxious weed eradication fund.
(c) As used in this section, "governing body" means the board, body, or
persons in which the powers of a political subdivision as a body
corporate are vested; and "political subdivision"
means any agency or unit of the state
authorized to levy taxes or empowered to cause taxes to be levied.
(d) On
all other lands the owner thereof shall pay the cost of control and
eradication of noxious weeds. Except as provided in
K.S.A. 2-1333 and amendments thereto, chemical materials for use on
privately owned lands may be purchased from the board of county
commissioners at a price fixed by the board of county commissioners
which shall be in an amount equal to not less than
50% nor more
than 75% of the total cost incurred by the
county in
purchasing, storing and handling such chemical materials. However, once
the tax levying body of a county, city or township has authorized a tax
levy of 1.5 mills or more, the board of county commissioners
may collect from the owner of privately owned lands an amount equal to 75% but
not more than 100% of the total
cost incurred by the county in purchasing, storing and handling of chemical
materials used in the control and eradication of noxious weeds on such
privately
owned lands. Whenever
official methods of eradication, adopted by the
secretary of
agriculture, are not followed in applying the chemical materials so
purchased, the board of county commissioners may collect the remaining
portion 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.
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 or
highways owned or supervised by a state agency, department or commission
shall be paid by the state agency, department or commission supervising
such lands or highways from funds appropriated to its use; on
county
lands and county roads, on township lands and township roads, on city
lands, streets and alleys by the county, township or city in which such
lands, roads, streets and alleys are located, and from funds
made
available for that purpose; on drainage districts, irrigation districts,
cemetery associations and other political subdivisions of the state, the
costs shall be paid from their respective funds made available
for the
purpose. If the governing body of any political subdivision owning or
supervising lands infested with noxious weeds within their jurisdiction fails
to control such noxious weeds after
15 days' notice directing any such body to do so, the board of county
commissioners shall proceed to have proper control and eradication
methods used upon such lands, and shall notify the governing body of the
political subdivision by certified mail of the costs of such operations,
with a demand for payment. The governing body of the political
subdivision shall pay such costs from its noxious weed fund, or if no
such fund is available, from its general fund or from any other funds
available for such purpose. Copy of the statement, together with proof
of notification, shall at the same time be filed with the county clerk,
and if the amount is not paid within 30 days,
such clerk
shall spread the amount upon the tax roll of the subdivision, and
such amount shall become a lien against the entire territory located within
the particular political subdivision, and shall be collected as other
taxes are collected.
(b) All moneys collected pursuant to this section shall be paid into the
county noxious weed eradication fund.
(c) As used in this section, "governing body" means the board, body, or
persons in which the powers of a political subdivision as a body
corporate are vested; and "political subdivision"
means any agency or unit of the state
authorized to levy taxes or empowered to cause taxes to be levied.
(d) On
all other lands the owner thereof shall pay the cost of control and
eradication of noxious weeds. Except as provided in
K.S.A. 2-1333 and amendments thereto, chemical materials for use on
privately owned lands may be purchased from the board of county
commissioners at a price fixed by the board of county commissioners
which shall be in an amount equal to not less than
50% nor more
than 75% of the total cost incurred by the
county in
purchasing, storing and handling such chemical materials. However, once
the tax levying body of a county, city or township has authorized a tax
levy of 1.5 mills or more, the board of county commissioners
may collect from the owner of privately owned lands an amount equal to 75% but
not more than 100% of the total
cost incurred by the county in purchasing, storing and handling of chemical
materials used in the control and eradication of noxious weeds on such
privately
owned lands. Whenever
official methods of eradication, adopted by the
secretary of
agriculture, are not followed in applying the chemical materials so
purchased, the board of county commissioners may collect the remaining
portion 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.
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 or
highways owned or supervised by a state agency, department or commission
shall be paid by the state agency, department or commission supervising
such lands or highways from funds appropriated to its use; on
county
lands and county roads, on township lands and township roads, on city
lands, streets and alleys by the county, township or city in which such
lands, roads, streets and alleys are located, and from funds
made
available for that purpose; on drainage districts, irrigation districts,
cemetery associations and other political subdivisions of the state, the
costs shall be paid from their respective funds made available
for the
purpose. If the governing body of any political subdivision owning or
supervising lands infested with noxious weeds within their jurisdiction fails
to control such noxious weeds after
15 days' notice directing any such body to do so, the board of county
commissioners shall proceed to have proper control and eradication
methods used upon such lands, and shall notify the governing body of the
political subdivision by certified mail of the costs of such operations,
with a demand for payment. The governing body of the political
subdivision shall pay such costs from its noxious weed fund, or if no
such fund is available, from its general fund or from any other funds
available for such purpose. Copy of the statement, together with proof
of notification, shall at the same time be filed with the county clerk,
and if the amount is not paid within 30 days,
such clerk
shall spread the amount upon the tax roll of the subdivision, and
such amount shall become a lien against the entire territory located within
the particular political subdivision, and shall be collected as other
taxes are collected.
(b) All moneys collected pursuant to this section shall be paid into the
county noxious weed eradication fund.
(c) As used in this section, "governing body" means the board, body, or
persons in which the powers of a political subdivision as a body
corporate are vested; and "political subdivision"
means any agency or unit of the state
authorized to levy taxes or empowered to cause taxes to be levied.
(d) On
all other lands the owner thereof shall pay the cost of control and
eradication of noxious weeds. Except as provided in
K.S.A. 2-1333 and amendments thereto, chemical materials for use on
privately owned lands may be purchased from the board of county
commissioners at a price fixed by the board of county commissioners
which shall be in an amount equal to not less than
50% nor more
than 75% of the total cost incurred by the
county in
purchasing, storing and handling such chemical materials. However, once
the tax levying body of a county, city or township has authorized a tax
levy of 1.5 mills or more, the board of county commissioners
may collect from the owner of privately owned lands an amount equal to 75% but
not more than 100% of the total
cost incurred by the county in purchasing, storing and handling of chemical
materials used in the control and eradication of noxious weeds on such
privately
owned lands. Whenever
official methods of eradication, adopted by the
secretary of
agriculture, are not followed in applying the chemical materials so
purchased, the board of county commissioners may collect the remaining
portion 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.