80-7-110. Removal of nursery stock -- assessment of costs. (1) If a firm, nursery, plant dealer, or small plant vendor that owns nursery stock or other materials infected or infested with any injurious plant pest fails to comply with the instructions of the department for the destruction or control of the injurious plant pest or the destruction of the infested or infected nursery stock or other material within the time specified by the department, the department may condemn, remove, or destroy the nursery stock or other material or treat it with a proper remedy at the expense of the owner.
     (2) If an owner fails to pay the actual cost of the removal, treatment, or destruction within 30 days after notice has been mailed to the owner at the owner's last-known post-office address and to any purchaser of the property under contract for deed at the purchaser's last-known post-office address, the cost becomes a lien on the land of the owner and must be added by the county treasurer to the taxes upon the property and collected as other taxes.

     History: En. Sec. 45, Ch. 216, L. 1921; re-en. Sec. 3617, R.C.M. 1921; re-en. Sec. 3617, R.C.M. 1935; amd. Sec. 1, Ch. 86, L. 1939; amd. Sec. 56, Ch. 218, L. 1974; R.C.M. 1947, 3-1204; amd. Sec. 22, Ch. 526, L. 1983 amd. Sec. 10, Ch. 551, L. 1993; Sec. 80-7-114, MCA 1991; redes. 80-7-110 by Code Commissioner, 1993; amd. Sec. 5, Ch. 384, L. 2007; amd. Sec. 5, Ch. 384, L. 2009.