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§ 106-421. Permitting uncontrolled existence of plant pests; nuisance; method of abatement.

§ 106‑421. Permitting uncontrolled existence of plant pests; nuisance; method ofabatement.

No person shall knowingly and willfully keep upon his premises anyplant or plant product infested or infected by any dangerous plant pest, orpermit dangerous plants or plant parasites to mature seed or otherwise multiplyupon his land, except under such regulations as the Board of Agriculture mayprescribe. All such infested or infected plants and premises are herebydeclared public nuisances. The owner of such plants or premises shall, whennotified to do so by the Commissioner of Agriculture, take such measures as maybe prescribed to eradicate such pests. The notice shall be in writing and shallbe mailed to the usual or last known address, or left at the ordinary place ofbusiness, of the owner or his agent. If such person  fails to comply with suchnotice within such reasonable time as the notice prescribes, the Commissionerof Agriculture, through his duly authorized agents, shall proceed to take suchmeasures as shall be necessary to eradicate such pests, and shall compute theactual costs of labor and materials used in eradicating such pests, and theowner of the premises in question shall pay to the Commissioner of Agriculturesuch assessed costs. No damages shall be awarded the owner of such premises forentering thereon and destroying or otherwise treating any infected or infestedplants or soil when done by the order of the Commissioner of Agriculture. (1957, c. 985.)

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