North Carolina General Statutes 106-924. Authority of Commissioner and his agents to go upon private land within control zones
Terms Used In North Carolina General Statutes 106-924
- Control zone: means an area of potential or actual infestation or infection, boundaries of which are fixed and clearly described in a manner to definitely identify the zone. See North Carolina General Statutes 106-922
- Infection: means attack by any disease affecting forest trees which is declared by the Commissioner to be dangerously injurious thereto. See North Carolina General Statutes 106-922
- Infestation: means attack by means of any insect, which is by the Commissioner declared to be dangerously injurious to forest trees. See North Carolina General Statutes 106-922
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The Commissioner or his agents shall have the power to go upon the land within any zone of infestation or infection and take measures to control, suppress or eradicate the insect, infestation or disease infection. If any person refuses to allow the Commissioner or his agents to go upon his land, or if any person refuses to adopt adequate means to control or eradicate the insect, infestation or disease infection, the Commissioner may apply to the superior court of the county in which the land is located for an injunction or other appropriate remedy to restrain the landowner from interfering with the Commissioner or his agents in entering the control zone and adopting measures to control, suppress or eradicate the insect infestation or disease infection, provided the cost of court or control thereof shall not be a liability against the forest landowner nor constitute a lien upon the real property of such infested area. (1953, c. 910; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 77; 2011-145, s. 13.25(r), (s).)