Montana Code 7-22-2133. Noncompliance — actions for landowners
7-22-2133. Noncompliance — actions for landowners. (1) If the board is unable to obtain the landowner’s voluntary compliance with the weed management program within 10 days of the landowner’s receipt of the notification, the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2134.
Terms Used In Montana Code 7-22-2133
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means a district weed board created under 7-22-2103. See Montana Code 7-22-2101
- Commissioners: means the board of county commissioners. See Montana Code 7-22-2101
- control: means the use of an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds. See Montana Code 7-22-2101
- District: means a weed management district organized under 7-22-2102. See Montana Code 7-22-2101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Montana Code 1-1-205
- weeds: means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:
(i)as a statewide noxious weed by rule of the department; or
(ii)as a district noxious weed by a board, following public notice of intent and a public hearing. See Montana Code 7-22-2101
(2)(a) Within 10 days after receiving notice to comply with the weed management program, the landowner may request a hearing before the commissioners if the landowner disagrees with the weed control measures proposed by the board.
(b)If the landowner’s objection to the board’s action remains after the hearing, the landowner has 10 days to appeal the commissioners’ decision to the district court with jurisdiction in the county in which the property is located.
(3)If the landowner has requested a hearing pursuant to subsection (2)(a) or has appealed a hearing decision pursuant to subsection (2)(b), the board may not take any action to control the noxious weeds until after the hearing and authorization is provided from the commissioners or the court.