38-24A-12. Seizure and treatment or disposal of infested articles--Notice to owner.
Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his representative in possession thereof, seize, quarantine, treat, or otherwise dispose of such pest, host, or article in such manner as the secretary or his designated agent considers necessary to suppress, control, prevent, or retard the spread of the pest. The secretary or his designated agent may order such owner or agent to so treat or otherwise dispose of the pest, host, or article before removing from the quarantined area. A notice or order is considered given if it is given by personal service to the owner or his representative, or a copy is sent to the owner by certified mail addressed to the last known address of the owner at least five days before the effective date of the notice or order.
Source: SL 1971, ch 220, §6; SL 1986, ch 334, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 24A - Plant Quarantine And Treatment
Section 38-24A-1 - Definition of terms.
Section 38-24A-2 - Administration by secretary--Delegation of authority--Rules and regulations.
Section 38-24A-3 - Suppression and control activities authorized.
Section 38-24A-4 - Cooperation with other agencies--Expenditure of funds.
Section 38-24A-5 - Interstate cooperation in control activities.
Section 38-24A-6 - Quarantines and embargoes authorized.
Section 38-24A-7 - Limitation of quarantined area--Extension.
Section 38-24A-9 - Scope of rules relating to regulated area--Publication of notice.
Section 38-24A-10 - Movements contrary to quarantine rules prohibited.
Section 38-24A-11 - Quarantine violation as misdemeanor.
Section 38-24A-12 - Seizure and treatment or disposal of infested articles--Notice to owner.
Section 38-24A-13 - Public notice of large-scale treatment operations.
Section 38-24A-14 - Inspection powers of secretary--Notice.
Section 38-24A-15 - Issuance of search warrants.
Section 38-24A-16 - Compensation for uninfested articles destroyed.
Section 38-24A-17 - Violation as misdemeanor--Civil liability for damages.
Section 38-24A-18 - Severability of provisions.
Section 38-24A-19 - Citation of chapter--Additional to other powers.
Section 38-24A-20 - Special certificates on plants for export.
Section 38-24A-21 - Inspection of plants intended for export--Certificate--Fees.