§ 35-5-112 — Pest control district on public lands - notice - charges

(1) When
an area designated as a pest control district by the board of county commissioners
of any county contains public lands, it is the duty of the commissioner to notify the
proper state departments which control or supervise the public lands within the
area so designated that such a district has been formed. It is the duty of any such
department so notified to control or eradicate all noxious weeds, insect pests, or
plant diseases on any lands under its jurisdiction, and included within the
boundaries of the district and for which the district was organized, using the
methods prescribed by the commissioner.

(2) In case such department fails to so control or eradicate such pests, it is
the duty of the inspector in the county where the infestation is located to enter
upon such lands and undertake the control or eradication of such noxious weeds,
insect pests, or plant diseases, or cause the same to be done, the expense thereof
to be a proper charge against the department which has jurisdiction over the lands.
If not paid, such charge may be recovered in an action therefor by the county in any
court of competent jurisdiction; except that it is permissible for any such state
department which controls or supervises lands in the designated pest control
district to enter into a contract with the board of county commissioners of the
county wherein the land is situated to authorize the county pest inspector to
undertake the control or eradication of all noxious weeds, insect pests, or plant
diseases, as provided in this article, on state-controlled land in the district on terms
and conditions satisfactory to both parties.

(3) In the case of lands controlled by the state board of land commissioners,
which land is included within a district and leased to a lessee, the costs incurred in
controlling or eradicating noxious weeds, insect pests, or plant diseases, which
would be chargeable to the owner of the land if privately owned, shall be paid by
the lessee.

(4) All park land in the state, except that owned by the United States, shall
be excluded from charges provided for in this article, and the board of county
commissioners of the county in which any such park is located shall be billed for
any and all assessments on such park lands.

Legislative History

Source: L. 59: p. 183, � 12. CRS 53: � 6-16-12. C.R.S. 1963: � 6-5-12. L. 83: (1), (2), and (3) amended, p. 1316, � 7, effective May 10.