A person owning or possessing
real estate in Indiana shall destroy detrimental plants by cutting
or mowing and, if necessary, by plowing, cultivating, or smothering,
or by the use of chemicals in the bud stage of growth or earlier,
to prevent those detrimental plants from maturing on any such real
estate.
If the township trustee determines after investigating the property
or by visual inspection without entering the property that a person
has detrimental plants growing on real estate in the township that
have not been destroyed, the trustee of the township in which the
real estate is located shall notify, in writing, the owner or person
in possession of the real estate to destroy the detrimental plants
within five (5) days after the notice is given.
If the detrimental plants are not destroyed within five (5) days
after notice is given, the trustee shall cause the detrimental plants
to be destroyed in a manner seeming most practical to the trustee
within three (3) additional days. The trustee may hire a person
to destroy the detrimental plants. The trustee or the person employed
to destroy the detrimental plants may enter upon the real estate
where the detrimental plants are growing to destroy the detrimental
plants, and are not civilly or criminally liable for damage to crops,
livestock, or other property occurring while carrying out such work,
except for gross negligence or willful or wanton destruction.
If the county has established a county weed control board, the township
trustee may notify the county weed control board of the real estate
containing detrimental plants, and the board shall either assume
jurisdiction to control the detrimental plants or decline jurisdiction
and refer the matter back to the township trustee. The county weed
control board shall notify the township trustee of the board's decision.
Indiana Code: IC
15-3-4
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