§ 30-15.4-2 - Conditions of removal or clearance.
SECTION 30-15.4-2
§ 30-15.4-2 Conditions of removal orclearance. – (a) Authority under this chapter shall be exercised unless the affected localgovernment, corporation, organization, or individual shall first present anunconditional authorization for removal of the debris or wreckage from publicand private property, and, in the case of removal of debris or wreckage fromprivate property, shall first agree to indemnify the state government againstany claim arising from the removal.
(b) Whenever the governor provides for clearance of debris orwreckage pursuant to subsection (a) of this section, employees of thedesignated state agencies or individuals appointed by the state are authorizedto enter upon private land or waters and perform any tasks necessary to theremoval or clearance operation.
(c) Except in cases of willful misconduct, gross negligence,or bad faith, any state employee or agent complying with orders of the governorand performing duties pursuant thereto under this chapter shall not be liablefor the death of or injury to any persons or damage to any property.