38-22-17. Notice to owner of infested land--Service--Contents.

No operations to rid lands of infestation may be undertaken pursuant to § 38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a copy of the declaration filed in the office of the county auditor, in the manner that summons in civil actions are served, or by personal service upon the person in actual possession of the premises, together with a copy of the declaration provided for in § 38-22-16, that unless the owner complies with the orders of the secretary of agriculture and natural resources within such time as the declaration states, which may be not less than three days nor more than fifteen days from the date of service, as specified in the notice, that protective operations shall be performed by the secretary and, if the owner does not pay the costs of such operations prior to the first day of November in the year in which the operations are performed, the cost shall become a lien against the lands of the owner.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 18; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.



SDLRC - Codified Law 38-22-17 - Notice to owner of infested land--Service--Contents.

38-22-17.1. Noncompliance with orders as misdemeanor.

It is a Class 2 misdemeanor for any owner, occupant, or other person who maintains or exercises control or management over land to fail to comply with any order of the secretary of agriculture and natural resources or the South Dakota Weed and Pest Control Commission to effectuate the purposes in this chapter.

Source: SL 1970, ch 225, § 3; SL 1977, ch 190, § 333; SL 1983, ch 282, § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.



SDLRC - Codified Law 38-22-17 - Notice to owner of infested land--Service--Contents.

38-22-17.2. Intervention on federal land by State Weed and Pest Control Commission.

If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South Dakota Weed and Pest Control Commission, at the request of the county board, shall intervene on its behalf. The attorney general shall provide such legal counsel as the South Dakota Weed and Pest Control Commission may require to resolve any such dispute.

Source: SL 1987, ch 290.