CHAPTER 232

An Act to amend the Code of Virginia by adding to Chapter 11 of Title 8
thereof a new article numbered 8.1, which article consists of new
sections numbered 38-197.1 to 8-197.12, inclusive, so as to empower
the State Entomologist to require the destruction of musk thistle by
landowners under certain circumstances and to cause such weed to
be destroyed upon failure of the landowner to do so, to provide for
notice, to prescribe penalty for interference with such official when
acting under such powers, to provide for appeal by the landowner, to
provide for payment by landowner and a lien upon land for failure to
pay, and to prescribe the manner in which such article may be placed
in force in any county or magisterial district thereof. CH 167]

1
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding to Chapter 11 of
Title 3 thereof a new article numbered 3.1, consisting of new sections
capes 8-197.1 to 3-197.12, inclusive, which new article and sections are
as follows:

Article 3.1

Musk Thistle.

§ 3-197.1. The words “Musk Thistle” when used in this article mean
the weed designated as Carduus nutans L., a biennial weed of the Com-
positae family.

§ 3-197.2. It shall be unlawful for any person, firm or corporation
or governmental unit to allow within this State the continuing growth of
musk thistle upon his or its premises. Any such musk thistle, when grow-
ing in this State, is hereby declared a public nuisance and a noxious weed,
harmful to plant and grass growth and to pastures, and shall be destroyed
as hereinafter provided. It shall be the duty of the owner of any lands
upon which there is a growth of musk thistle to destroy the same as soon
as he is directed to do so by the State Entomologist, as hereinafter provided.

§ 3-197.3. In any county in this State where the above-mentioned
weed grows, or there is reason to believe its growth is spreading, the State
Entomologist, in person or by an assistant, upon the request in writing
of ten or more reputable freeholders of any county or magisterial district,
shall make a preliminary investigation of the area from which the request
is received, to ascertain if there is growth of such weed in the pasture
lands and cultivated or uncultivated fields in that area.

§ 3-197.4. If upon such preliminary investigation of the area from
which the request is received it appears that there is such an infestation
of lands in the localities by musk thistle as to constitute a menace to the
pasture lands and cultivated or uncultivated fields in the localities, the
State Entomologist or his assistant shall give notice in writing to the owner
or owners of such lands to destroy all musk thistle growing thereon. The
notice shall contain a brief statement of the fact found to exist whereby
it is deemed necessary or proper to destroy such musk thistle and call
attention to this law under which it is proposed to destroy such musk
thistle. The owner shall within such time as may be prescribed in such
pote os the State Entomologist destroy all such musk thistle growing on

is land.

§ 3-197.5. Directions for the recommended method of destruction of
musk thistle shall be put in writing by the State Entomologist and a copy
placed in the hands of the owner.

§ 3-197.6. The notice required under §§ 3-197.4 and 3-197.7 may be
served upon the owner if a resident of the State in the manner prescribed
by § 8-51, or if such owner be not a resident of this State, by serving a
copy of such notice upon his tenant or other person having charge of the
premises. If the owner is a nonresident or cannot be served, and does not
have a tenant or other person in charge of his land, then notice may be
given by publication in a newspaper having general circulation in the
county where the land lies, for two times at least one week apart.

§ 3-197.7. Whenever the owner refuses or neglects to destroy the
musk thistle on his land within the time specified in the notice given by
the State Entomologist as prescribed by § 3-197.4, or after due publication,
the State Entomologist shall cause such musk thistle to be at once destroyed
and the necessary expense thereof shall be paid by his warrant on the
county treasurer to be paid out of the general funds of the county and to
be reimbursed as provided in § 3-197.11.

§ 3-197.8. The State Entomologist, his assistant or employees are
empowered with authority to enter upon any public or private premises for
the purpose of carrying out the provisions of this article. ;

§ 8-197.9. Any person or persons who shall obstruct or hinder the
State Entomologist, his assistants or employees in the discharge of their
duties under this article shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than five dollars nor more than
fifty dollars.

§ 3-197.10. Any owner who has reason to believe that he may be
damaged by the requirement of the State Entomologist that he destroy all
musk thistle on his land may appeal from such order to the circuit court
of the county in which the land is located, but such appeal must be taken
within fifteen days from the date upon which the notice to destroy the
musk thistle is served upon him. Notice in writing of the appeal must be
filed with the clerk of the court who shall forthwith transmit a copy there-
of to the State Entomologist. The filing of the notice shall act as a stay
of the proceedings of the State Entomologist until the appeal is heard and
decided. The court shall thereupon hear the evidence, and pass upon all
questions involved, and determine if the landowner will be damaged in
case such musk thistle are destroyed by him or under the direction of the
State Entomologist. If the court should find any damages, it shall order
the amount so determined to be paid to the owner by the treasurer of the
county out of the general fund of the county, less such amount expended
by the State Entomologist if the owner refused to destroy the musk
thistle; and such order shall be entered by the clerk in the law order book
of the court.

§ 3-197.11. Whenever any sums are paid out by the county treasurer
under the provisions of § 3-197.7, or any other provision of this act, the
treasurer shall immediately render unto the owner of such land, his tenant
or agent, as the case may be, a statement of the expenses incurred by the
State Entomologist, and paid by the county for the destroying and remov-
ing of musk thistle from such lands; and if the owner fails to pay such
statement, the treasurer shall proceed against the owner under the
methods allowed by law for the collection of county taxes, and shall reduce
such claim to a judgment; and in addition thereto, if collection is not made
on the judgment by the time tax statements are made up, such unpaid bill
shall be placed upon the tax statement of the owner so delinquent, and col-
lected as taxes are collected. Unpaid sums shall become a lien upon prop-
erty the same as other taxes upon real estate.

§ 3-197.12. This article shall not be in force in any county or in any
magisterial district of any county until the governing body thereof shall
by a recorded vote accept and adopt the same for their county or magis-
terial district in their county.

In the event the governing body of any county neglect or refuse to
accept and adopt the same for their county, or for any magisterial district
of their county, as the case may be, then the majority of the qualified voters
of such county or any magisterial district of such county, may re-
quest its adoption by petition addressed to the circuit court of the county,
and when it appears from such petition that a majority of the qualified
voters of such county or any magisterial district of such county request
the adoption of this article, then the court shall declare the same adopted
for such county, or for any magisterial district in such county, requesting
its adoption.

2. An emergency exists and this act is in force from its passage.