Section 76-6-6 - Abatement and emergency measures authorized.

NM Stat § 76-6-6 (2019) (N/A)
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A. Whenever the board finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this state, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwise dispose of the pest, host or article in such manner as the board deems necessary to suppress, control, eradicate or prevent or retard the spread of a pest, or the board may order the owner or agent to so treat or otherwise dispose of the pest, host or article.

B. When the board finds that a continuing threat of the spread of a pest exists, and after appropriate notice, an owner or his agent does not take immediate measures to prevent or retard the spread of the pest, the board may take reasonable emergency action as necessary in accordance with the provisions of the Pest Control Act and regulations of the board. The board may assess an emergency action fee to recover the cost of the emergency action, not to exceed one thousand dollars ($1,000), against the owner of the property that was subject to the board's emergency action.

History: 1953 Comp., § 45-8-44, enacted by Laws 1969, ch. 41, § 6; 1997, ch. 176, § 1.

The 1997 amendment, effective June 20, 1997, designated the existing language as Subsection A; added Subsection B; and made stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 49 to 51.

3 C.J.S. Agriculture § 83.