38-22-16. Infested land declared public nuisance--Protective operations by secretary.

If any owner of weed or pest infested land fails to rid the land of such infestation and the secretary of agriculture and natural resources finds that such infestation is a menace to neighboring lands or to the state or its people he may declare such infested land to constitute a public nuisance and may enter such infested areas and perform such protective operations as may be necessary.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1970, ch 225, § 5; SL 1983, ch 282, § 16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

38-22-16.1. Weeds or pests in any amount considered infestation.

The existence of weeds or pests in any amount or quantity upon land is sufficient to determine that such land is infested.

Source: SL 1970, ch 225, § 2; SL 1983, ch 282, § 17.

38-22-16.2. Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy.

If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land.

Source: SL 2000, ch 202, § 1.