§ 9-1303 — Forest insects and other forest tree diseases

§ 9-1303. Forest insects and other forest tree diseases.\n For the purpose of control and preventing the spread of forest insects\nand forest tree diseases (except white pine blister rust and currant\nrust, covered by section 9-1301) the following provisions shall apply:\n 1. The department may enter into cooperative agreements with any other\nstate, the federal government, any foreign government, any municipal\nsubdivision of New York state or private individuals in order to obtain\nproper working agreements.\n 2. The department may accept and expend gifts of money for control and\nprevention work.\n 3. The department may conduct necessary investigations for the purpose\nof discovering better methods of control or prevention of spread of\nforest insects and forest tree diseases either within or without the\nstate.\n 4. Duly authorized agents of the department may enter upon any lands\nfor the purpose of determining if such property is infested with forest\ninsects or forest tree diseases, and the extent of such infestation.\n 5. The department shall have the authority by order to establish\nquarantine districts in any part or parts of the state, and to prohibit\nthe movement of materials which may be harboring forest insects or\nforest tree diseases in any of their different forms. On the making of\nsuch an order, the department shall cause a certified copy of the same\nto be filed in the office of the clerk of each county, affected by such\nquarantine, and shall give such other notice thereof as it may deem\nnecessary. Such order shall be effective on and after the tenth day from\nthe filing thereof.\n 6. The department shall have discretionary authority to poison forest\nareas in or near sections infested by insect pests or forest tree\ndiseases.\n 7. The department may take steps to establish barrier or protective\nzones for the purpose of preventing the spread of forest insect and\ndisease pests, and in so doing shall have the authority and right to\nenter upon private lands for this purpose, and thereon make such\nmodifications in the composition of the forest growth as it may deem\nnecessary. In such barrier or protective zones trees or other vegetation\nmay be sprayed, cut, destroyed, or otherwise treated when in the\njudgment of the department, the same may be necessary, but the owner of\nthe property shall be entitled to a just compensation for damage done\nthrough the acts of such agents, except that no compensation shall be\npaid for the destruction of infested trees.\n 8. The department shall have power to ascertain the amount of damage\ndone upon lands of private owners by the acts of the agents of the\ndepartment in establishing and maintaining barrier zones, by having an\nagent of the department appraise the same. If the owner is not satisfied\nwith the amount of damage as fixed by such appraisal, he may, within six\nmonths after service upon him of a copy of such appraisal, take an\nappeal therefrom to the Court of Claims, which court is hereby\nauthorized to pass upon the questions involved and determine the amount\ndue such owner.\n 9. The department may by order make rules and regulations governing\nany and all operations designed for the purpose of preventing the spread\nof or for the purpose of controlling forest insects and forest tree\ndiseases, their pupae, eggs and caterpillars, and plants or trees\ninfested by them, all of which are hereby declared a public nuisance.\nSuch rules and regulations shall become effective in any county on and\nafter the tenth day from the filing of a certified copy in the office of\nthe clerk of that county.\n 10. No action for trespass shall lie on account of entry on private\nlands by an agent of the department for the exercise of any power\nauthorized by this section.\n 11. No person shall wilfully resist or obstruct the work of any agents\nduly employed by the department, engaged in the suppression of forest\ninsects or forest tree diseases.\n 12. The department shall have the authority to incur expenses in\nconnection with the training of persons at points outside of the state\nof New York, if the same is deemed by it necessary.\n