CHAPTER 296

An Act to amend and reenact §§ 8-197.1, 8-197.2, 8-197.8, 3-197.4, 8-197.5,
$-197.6, 8-197.7, 8-197.10, and 8-197.11, of the Code of Virginia, re-
lating to the musk thistle law; to define and include therein the words
“curled thistle’; to provide for the giving of certain notices and how
served; to provide for when and in what method certain payments to
be made; and to specify to which court appeal may be taken.

[H 515]
Approved March 81, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-197.1, 3-197.2, 3-197.8, 8-197.4, 8-197.5, 8-197.6, 8-197.7,
pe ih and 8-197.11, of the Code of Virginia, be amended and reenacted
as follows:

§ 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.

_The words “curled thistle” when used in this article mean the weed
designated as Carduus acanthoides L., an annual and biennial weed of the
Compositae 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 or curled thistle upon his or its premises. Any such musk
thistle or curled thistle, when growing 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 or curled thistle to destroy the same as soon as he is directed to do
so by the State Entomologist, as hereinafter provided.

§ 3-197.8. In any county in this State where the abovementioned *
weeds grow, or there is reason to believe * their 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 * weeds in the
pasture lands and cultivated or uncultivated fields in that area.

§ 8-197.4. 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 or curled 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 writ-
ing to the owner or owners of such lands to destroy all musk thistle or
curled 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 or curled thistle and call attention to this law
under which it is proposed to destroy such musk thistle or curled thistle.
The owner shall within such time as may be prescribed in such notice by
the State Entomologist destroy all such musk thistle or curled thistle
growing on his land.

§ 3-197.5. Directions for the recommended method of destruction of
musk thistle or curled thistle shall be put in writing by the State Ento-
mologist and * become a part of the notice prescribed under § 8-197.4 and
be served as prescribed under § 8-197.6.

§ 8-197.6. The notice required under 8§ 8-197.4 and 3-197.7 may be
served upon the owner if a resident of the State in the manner prescribed
by § 8-51, or * by serving a copy of such notice upon his tenant or other
person having charge of the premises. If the owner is a nonresident * 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, and
a copy mailed to the last known address of such nonresident. Notices may
also be served by certified maul.

§ 3-197.7. Whenever the owner refuses or neglects to destroy the
musk thistle or curled 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
or curled 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
or the owner may elect to pay direct to the State Treasurer. The State
Entomologist may contract with and pay custom applicators to destroy
the thistle and issue a warrant to the county treasurer for reimbursement.
When small tracts of less than five acres are found infested, the cost of
the treatment may be borne by the State when it is determined by the
State Entomologist that such treatment is in the best interest of the State.
The State Entomologist shall cause all reimbursements to be promptly
credited to the State fund from which expended.

§ 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 or curled thistle on his land may appeal from such order to
the * county court of the county in which the land is located, but such ap-
peal must be taken within fifteen days from the date upon which the
notice to destroy the musk thistle or curled 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 thereof 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 there-
upon hear the evidence, and pass upon all questions involved, and deter-
mine if the landowner will be damaged in case such musk thistle or curled
thistle are destroyed by him or under the direction of the State Entomol-
ogist. 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 or curled
thistle; and such order shall be entered by the clerk in the law order book
of the court.

§ 8-197.11. 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 re-
moving of musk thistle or curled 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 collec-
tion 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 collected as taxes are collected. Unpaid sums shall become
a lien upon property the same as other taxes upon real estate.