§ 1040. Compensation for destruction
When in the suppression of insect pests or plant diseases it becomes necessary for the Secretary to destroy the hosts of such pests or diseases, compensation shall be made as follows: the Secretary and owner of lands upon which the plants are destroyed shall agree upon the price to be paid as compensation. The impact of the pest or disease on the fair market value of the plant shall be considered. However, compensation shall not be made for wild or uncultivated trees, plants, or shrubbery which are ordered destroyed on account of disease or infestation. When plants have been destroyed and compensation accepted, no other such host plants may be maintained on the premises until all danger from the spread of the pest or disease is past. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
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