Effective 28 Aug 1992

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 — expenses of control, special tax, lien — notice to prosecutor. — 1. Each county weed control board shall have the following duties:

(1) To control noxious weeds and to prevent their regrowth and reinfestation, by means of appropriate chemical control or biological control or both, on all lands in the county other than lands owned by a public utility and lands, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad, the department of transportation, the department of natural resources or the department of conservation;

(2) To employ methods of control and for the prevention of the regrowth and reinfestation of noxious weeds as directed by the county commission;

(3) To comply with all orders promulgated by the county commission pursuant to the provisions of sections 263.450 to 263.474;

(4) To inspect all lands in the county for compliance with the provisions of sections 263.450 to 263.474;

(5) To inform itself of the origin, nature and appearance of noxious weeds and the manner in which they are spread, and shall follow recommendations of the University of Missouri college of agriculture as to the best and approved method to control and prevent the spread of noxious weeds.

2. The director of agriculture may cooperate with and may enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control of noxious weeds. The county commission shall make orders following a public hearing for carrying out the provisions and requirements of sections 263.450 to 263.474, including orders which designate a weed as noxious.

3. The county weed control board, under the supervision of the county commission, shall inspect or cause to be inspected all lands of the county each year during which the county is classed as a noxious weed control area. The board shall publish notice of such inspection at least once and at least one week prior to such inspection in a newspaper of general circulation within the county. The county weed control board or the designated representative of the board may enter or exit all lands in the county in making an inspection or performing any other duties imposed by sections 263.450 to 263.474, and for these purposes the county weed control board, or its agents, servants, or employees may enter on such lands without being liable to an action of trespass, and shall have such official immunity as exists at common law for any misfeasance or damages occurring in connection with the execution of the duties imposed by sections 263.450 to 263.474. Notwithstanding any provision of law to the contrary, the county weed control board shall be liable for any misfeasance or damages caused by its agents, servants, or employees in connection with the execution of the duties imposed by sections 263.450 to 263.474; and the agents, servants, or employees of* the weed control board shall be entitled to indemnification from the noxious weed fund for any misfeasance or damages occurring in connection with the execution of the duties imposed by sections 263.450 to 263.474. The landowner shall owe no duty of care to such persons, except that which the landowner owes to trespassers. If the landowner will not control the noxious weeds, the county commission may enter the land and control such weeds, and the county commission shall keep an accurate record of the expenses incurred in controlling noxious weeds, and shall verify such statement under seal of the county commission, and transmit the same to the officer whose duty it is or may be to extend state and county taxes on tax books or bills against real estate and such officer shall extend the aggregate expenses so charged against each tract of land as a special tax, which shall then become a lien on the lands and be collected as state and county taxes are collected by law and paid to the county commission and credited to the county control fund. All failures to comply with the provisions of sections 263.450 to 263.474 shall be reported to the prosecuting attorney of the county and it shall be his duty to prosecute all violations of sections 263.450 to 263.474 in the manner provided in section 263.460.

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(L. 1992 H.B. 1199 § 4)

*Word "or" appears in original rolls.