263.456. Duties of county weed control board--director of agriculture to cooperate with governmental agencies--inspection of lands, notice, immunity, liability, indemnification, landowner duty of care
Duties of county weed control board--director of agriculture tocooperate with governmental agencies--inspection of lands, notice,immunity, liability, indemnification, landowner duty of care--expensesof control, special tax, lien--notice to prosecutor.
263.456. 1. Each county weed control board shall have thefollowing duties:
(1) To control noxious weeds and to prevent their regrowthand reinfestation, by means of appropriate chemical control orbiological control or both, on all lands in the county other thanlands owned by a public utility and lands, rights-of-way, andeasements appurtenant or incidental to lands controlled by anyrailroad, the department of transportation, the departmentof natural resources or the department of conservation;
(2) To employ methods of control and for the prevention ofthe regrowth and reinfestation of noxious weeds as directed bythe county commission;
(3) To comply with all orders promulgated by the countycommission pursuant to the provisions of sections 263.450 to263.474;
(4) To inspect all lands in the county for compliance withthe provisions of sections 263.450 to 263.474;
(5) To inform itself of the origin, nature and appearanceof noxious weeds and the manner in which they are spread, andshall follow recommendations of the University of Missouricollege of agriculture as to the best and approved method tocontrol and prevent the spread of noxious weeds.
2. The director of agriculture may cooperate with and mayenter into cooperative agreements with state and federal agenciesand departments for the furtherance of the control of noxiousweeds. The county commission shall make orders following apublic hearing for carrying out the provisions and requirementsof sections 263.450 to 263.474, including orders which designatea weed as noxious.
3. The county weed control board, under the supervision ofthe county commission, shall inspect or cause to be inspected alllands of the county each year during which the county is classedas a noxious weed control area. The board shall publish noticeof such inspection at least once and at least one week prior tosuch inspection in a newspaper of general circulation within thecounty. The county weed control board or the designatedrepresentative of the board may enter or exit all lands in thecounty in making an inspection or performing any other dutiesimposed by sections 263.450 to 263.474, and for these purposesthe county weed control board, or its agents, servants, oremployees may enter on such lands without being liable to anaction of trespass, and shall have such official immunity asexists at common law for any misfeasance or damages occurring inconnection with the execution of the duties imposed by sections263.450 to 263.474. Notwithstanding any provision of law to thecontrary, the county weed control board shall be liable for anymisfeasance or damages caused by its agents, servants, oremployees in connection with the execution of the duties imposedby sections 263.450 to 263.474; and the agents, servants, oremployees of* the weed control board shall be entitled toindemnification from the noxious weed fund for any misfeasance ordamages occurring in connection with the execution of the dutiesimposed by sections 263.450 to 263.474. The landowner shall oweno duty of care to such persons, except that which the landownerowes to trespassers. If the landowner will not control thenoxious weeds, the county commission may enter the land andcontrol such weeds, and the county commission shall keep anaccurate record of the expenses incurred in controlling noxiousweeds, and shall verify such statement under seal of the countycommission, and transmit the same to the officer whose duty it isor may be to extend state and county taxes on tax books or billsagainst real estate and such officer shall extend the aggregateexpenses so charged against each tract of land as a special tax,which shall then become a lien on the lands and be collected asstate and county taxes are collected by law and paid to thecounty commission and credited to the county control fund. Allfailures to comply with the provisions of sections 263.450 to263.474 shall be reported to the prosecuting attorney of thecounty and it shall be his duty to prosecute all violations ofsections 263.450 to 263.474 in the manner provided in section263.460.
(L. 1992 H.B. 1199 § 4)*Word "or" appears in original rolls.