3.2-702 - Abundance surveys; eradication or suppression of pests.
§ 3.2-702. Abundance surveys; eradication or suppression of pests.
The Commissioner shall direct abundance surveys for plant pests and may carryout operations or measures to locate, suppress, control, eradicate, prevent,or retard the spread of pests. When the Commissioner determines that a new ordangerous or highly injurious plant pest exists within the Commonwealth orthat an established pest requires control and the nature of the pest dictatesimmediate action, he may proceed with eradication or suppression. Providedfurther, that whenever the Commissioner intends to go upon any property forthe purpose of eradicating or suppressing pests, he shall before enteringupon any such property, give a written notice to the owner or occupantthereof at least 24 hours prior to such entry, setting forth in detail thepurpose or purposes for which such entry shall be made.
In the event the Commissioner determines a plant pest does not requireimmediate action, he shall report his findings, including the nature of thepest and method of proposed treatment, to the Board in writing and to theproperty owners or persons in charge of the property concerned by printing acopy thereof, at least once, in at least one newspaper of general circulationin the locality concerned. In case of objection to the action proposed, anappeal shall lie to the Board. Such appeal shall be taken within seven daysfrom the issue of the notice and shall act as a stay of proceedings insofaras the property of the person noting the appeal is concerned until it isheard and decided.
(1975, c. 29, § 3.1-188.22; 1980, c. 291; 2008, c. 860.)