38-24A-12.1. Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.
Any person who owns the premises is liable for the actual and necessary expense in connection with the seizure, quarantine, treatment, or disposal of a pest, host, or regulated article. The liability may be assessed against the premises and collected in the same manner as taxes are collected. The department shall keep an accurate account of the expenses incurred in itemized form and certify it to the county auditor of the county where the land is located. The county auditor shall place the amount upon the next tax list to be prepared in the county, in a separate column to be headed "for the control of pests." The county treasurer shall remit all money collected under this section to the state treasurer who shall deposit it in the general fund. The assessment is subject to all penalties provided for the nonpayment of taxes, and the entry of such expenses upon the tax list is presumptive evidence of the liability of the land to the tax.
Source: SL 1986, ch 334, ยง3.
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.