§ 18G.04 — Eradication, Control, and Abatement of Nuisances; Issuing Control Orders
Plain-Language Summary
Any property, plant, vehicle, or article that is infested or infected with plant pests is declared a public nuisance, and property owners can be prosecuted for maintaining it. The commissioner can issue control orders directing property owners to treat, restrict movement of, or destroy infested plants and materials. The commissioner can also confiscate materials suspected of carrying plant pests.
18G.04 ERADICATION, CONTROL, AND ABATEMENT OF NUISANCES; ISSUING CONTROL ORDERS.
§
Subdivision 1.Public nuisance.
Any premises, plant, appliance, conveyance, or article that is infected or infested with plant pests that may cause significant damage or harm and any premises where any plant pest is found is a public nuisance and must be prosecuted as a public nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a public nuisance. §
Subd. 2.Control order.
In order to prevent the introduction or spread of plant pests, the commissioner may issue orders for necessary control measures. These orders may indicate the type of specific control to be used, the compound or material, the manner or the time of application, and who is responsible for carrying out the control order. Control orders may include directions to control or abate the plant pest to an acceptable level; eradicate the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products infested or infected with a plant pest. Material suspected of being infested or infected with a plant pest may be confiscated by the commissioner.
History:
2003 c 128 art 4 s 4; 2023 c 43 art 2 s 58
History: History: 2003 c 128 art 4 s 4; 2023 c 43 art 2 s 58