Missouri Revised Statutes
Chapter 263 - Insect Pests and Weeds
Section 263.200 - County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions.

Effective - 28 Aug 2011
263.200. County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions. — 1. In addition to the remedies provided in section 263.190, when noxious weeds are discovered growing on any lands in the county, it shall be the duty of the county commission to control such noxious weeds so as to prevent the seed from ripening, and for that purpose the county commission, or its agents, servants, or employees shall have authority to enter on such lands without being liable to an action of trespass therefor, and shall have such official immunity as exists at common law for any misfeasance or damages occurring in connection with the attempt to control noxious weeds. Notwithstanding any provision of law to the contrary, the county shall be liable for any misfeasance or actual damages caused by its agents, servants, or employees in connection with the attempt to control noxious weeds. The landowner shall owe no duty of care to such persons, except that which the landowner owes to trespassers. The county commission shall keep an accurate account of the expenses incurred in controlling the 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.
2. Before proceeding to control noxious weeds as provided in this section, the county commission of the county in which the land, or the greater part thereof, is located shall notify the owner of the land of the requirements of this law, by certified mail, return receipt requested, from a list supplied by the officer who prepares the tax list, and shall allow the owner of the land fifteen days from acknowledgment date of return receipt, or date of refusal of acceptance of delivery, as the case may be, to control all such noxious weeds growing upon the owner's land.
3. Any land or properties that are owned solely by a political subdivision in a city not within a county shall be subject to all provisions of sections 263.190, 263.200, and 263.240.
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(RSMo 1939 § 14261, A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199, A.L. 2011 H.B. 458 merged with S.B. 356)
Prior revisions: 1929 § 12598; 1919 § 12119; 1909 § 743

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVII - Agriculture and Animals

Chapter 263 - Insect Pests and Weeds

Section 263.010 - Title of law.

Section 263.020 - Definitions.

Section 263.030 - Appointment of state entomologist — qualifications — employees.

Section 263.040 - Rules and regulations.

Section 263.050 - Inspection, enforce quarantine regulations — power to call meetings — rulemaking, procedure.

Section 263.060 - Right of entry.

Section 263.070 - Inspection fees — nurseries and nursery dealers registration inspection certificates, requirements, expire when — disposition of fees.

Section 263.080 - Plant pests, control, noncomplying owner, action by inspectors — lien for expenses.

Section 263.100 - Shipping tag to show what.

Section 263.110 - Inspection of plants before sale or shipment — fees — exceptions.

Section 263.130 - Establishment of quarantine — rules and regulations.

Section 263.140 - Restrictive and control measures — adoption and enforcement.

Section 263.145 - Plant disease and insect inspection — confiscation and destruction — highway patrol or other law enforcement officers to assist in enforcement.

Section 263.150 - Review of order granted, when — rules, procedure.

Section 263.180 - Penalty.

Section 263.190 - Owners to control noxious weeds — notice procedure — penalty — sale of noxious weeds prohibited.

Section 263.200 - County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions.

Section 263.220 - Duty of prosecuting attorney.

Section 263.240 - Penalty for violation.

Section 263.243 - State agency purchasing seed from nondomestic source containing noxious weeds, liability.

Section 263.245 - Brush adjacent to county roads, to be removed subject to voter approval, certain counties — county commission may remove brush, when, procedures, certain counties — county right-of-way or maintenance easement, distance.

Section 263.247 - Brush control, county option, certain counties — election to discontinue enforcement of weed control program.

Section 263.250 - Marijuana plant to be destroyed — county commission to destroy, when.

Section 263.255 - County election on enforcement of Johnson grass control law, notice, ballot, effect.

Section 263.257 - Director of agriculture to exterminate Johnson grass, when — county weed control board, appointment, expenses.

Section 263.259 - Duties of state director of agriculture — inspection by county weed control board.

Section 263.261 - Duties of public utilities and government agencies as to Johnson grass.

Section 263.262 - Johnson grass declared nuisance, where — abatement.

Section 263.265 - Tax for control of Johnson grass — state transportation department to pay costs.

Section 263.266 - Approved eradication methods to be followed.

Section 263.267 - County's classification as Johnson grass extermination area terminated, how.

Section 263.452 - Declaration of commission, when — election, procedure.

Section 263.454 - Declaration as noxious weed control area, notice, duties of property owners — county weed control board, appointment, members, duties, compensation, terms.

Section 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, li...

Section 263.458 - Public utilities, department of transportation, department of natural resources, department of conservation, United States government, and railroads duties in noxious weed control areas.

Section 263.460 - Noxious weeds as public nuisance — action to enjoin nuisance, venue, parties, notice.

Section 263.462 - Tax may be assessed by county commission, township board and special road district — transportation department property, costs — county commission may share costs with landowners.

Section 263.464 - Chemicals and biological agents, approval of required.

Section 263.466 - Termination of classification as noxious weed control area.

Section 263.468 - County noxious weed fund may be established — program required — funding — orders.

Section 263.470 - Prohibition, Johnson grass extermination area.

Section 263.472 - Conversion of Johnson grass extermination area to noxious weed control program — election, procedure.

Section 263.474 - Public and private standards of control.

Section 263.500 - Law, how cited.

Section 263.503 - Definitions.

Section 263.505 - Rules, authority for — procedure to adopt, suspend and revoke.

Section 263.507 - Department of agriculture — powers and duties.

Section 263.509 - Director's right to enter premises to eradicate and inspect, requirements — court may issue a warrant for right of entry, when.

Section 263.512 - Cotton growers to furnish department with size and location of all cotton fields and patches.

Section 263.515 - Quarantined areas, authority from regulations by department — articles from other states regulated.

Section 263.517 - Eradication zones established, authority for — regulations — publication of notice in affected areas — violations, authority to destroy cotton.

Section 263.520 - Eradication zones, authority of department to treat with pesticides or destroy — cotton planted after notice, no payment for losses — payment if cotton planted before notice.

Section 263.523 - Cotton growers' organization, certification by department, requirements — board of directors, appointment, qualifications, terms — audit by department.

Section 263.525 - Certification of organization — purpose — revocation, when.

Section 263.527 - Regional referendum on assessment for costs of eradication — assessment basis — voting procedure — deposit of funds collected — annual audit.

Section 263.529 - Referendum under direction of organization — expenses, how paid.

Section 263.531 - Referendum defeated — organization may call other referendums — assessment retention to be subject to vote every ten years.

Section 263.534 - Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien.

Section 263.537 - Boll weevil suppression and eradication fund established, purpose — department may retain amount to cover costs of administration — reversion to general revenue prohibited.