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IC 15-3-4-1
Time and method of destruction
Sec. 1. (a) As used in this chapter, "detrimental plant" includes
Canada thistle (cirsium arvense), Johnson grass, sorghum alumun
(sorghum halrphense), bur cucumber (sicyos angulatus), shattercane
(Sorghum bicolor [L.] Moench spp. drummondii [Steud.] deWet),
and, in residential areas only, noxious weeds and rank vegetation.
The term does not include agricultural crops.
(b) As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, a trustee
or legal representative, the state, a political subdivision (as defined
in IC 36-1-2-13), an agency of the state, or a political subdivision, or
a group of those persons acting in concert.
(c) 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.
(Formerly: Acts 1929, c.122, s.1; Acts 1953, c.16, s.1.) As amended
by P.L.183-1983, SEC.68; P.L.191-1987, SEC.1; P.L.182-1989,
SEC.1.
IC 15-3-4-2
Notice to destroy; destruction by township trustees; exemption
from liability
Sec. 2. (a) A township trustee who has reason to believe that
detrimental plants may be on real estate may, after giving forty-eight
(48) hours notice to the owner or person in possession of the
property, enter the real estate to investigate.
(b) Except as provided in subsection (c), 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
as described in section 1 of this chapter, 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 in a manner provided in section 1 of this chapter within five
(5) days after the notice is given. If the detrimental plants are not
destroyed as provided in section 1 of this chapter 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.
(c) If the county has established a county weed control board
under IC 15-3-4.6 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.
(d) Notice required in subsection (a) or (b) may be given:
(1) by mail, using certified mail; or
(2) by personal service.
(e) Notice under subsection (d) is considered received by the
owner or person in possession of the real estate:
(1) if sent by mail, on the earlier of:
(A) the date of signature of receipt of the mailing; or
(B) three (3) business days after the date of mailing; or
(2) if served personally, on the date of delivery.
(Formerly: Acts 1929, c.122, s.2; Acts 1937, c.140, s.1; Acts 1953,
c.16, s.2.) As amended by P.L.183-1983, SEC.69; P.L.191-1987,
SEC.2; P.L.99-1998, SEC.1.
IC 15-3-4-3
Payment for work; use of power machinery; statement of costs;
collection as taxes
Sec. 3. (a) The township trustee may pay for the chemicals, work,
and labor performed in cutting or destroying detrimental plants under
this chapter at a rate per hour to be fixed by the township trustee
commensurate with local hourly wages.
(b) In all cases in which the infestation of the land with
detrimental plants is so great and widespread as in the opinion of the
trustee to render such cutting or eradication by hand methods
impractical, the trustee shall engage the necessary power machinery
or equipment and may pay for the work at a rate per hour fixed by the
township trustee commensurate with the local hourly rate.
(c) When the work has been performed, the person doing the work
shall file an itemized bill for the work in the office of the trustee of
the township, and when the bill has been approved the trustee shall
pay the bill out of the township fund. The trustee of the township
shall certify the cost or expense of the work, and the cost of the
chemicals, adding to such bill twenty dollars ($20) per day for each
day that the trustee or the trustee's agent supervises the performance
of the services required under this chapter as compensation for
services, with a description of the real estate on which the labor was
performed.
(d) The certified statement of costs prepared under subsection (c)
shall be mailed using certificate of mailing to, or personally served
on, the owner or person possessing the real estate. The certified
statement shall be mailed to the auditor of state for any real estate
owned by the state or to the fiscal officer of another municipality (as
defined in IC 5-11-1-16) for real estate owned by the municipality.
The statement shall request that the person pay the cost of
performing the service under subsection (c) to the township trustee.
(e) If the owner or person in possession of the property does not
pay the amount set forth in the statement within ten (10) days after
receiving the notice under subsection (d), the township trustee shall
file a copy of the certified statement in the office of the county
auditor of the county where the real estate is located.
(f) The auditor shall place the amount claimed in the certified
statement on the tax duplicate of the real estate. Except as provided
in subsections (j) through (l), the amount claimed shall be collected
as taxes are collected.
(g) After an amount described in subsection (f) is collected, the
funds shall be deposited in the trustee's township funds for use at the
discretion of the trustee.
(h) If there is no money available in the township fund for that
purpose the township board, upon finding an emergency exists, shall
act under IC 36-6-6-14(b) or IC 36-6-6-15 to borrow a sum of money
sufficient to meet the emergency.
(i) The trustee, when submitting estimates to the township board
for action, shall include in the estimates an item sufficient to cover
those expenditures.
(j) This subsection applies to real estate owned by the state. The
auditor of state shall issue a warrant to pay the amount set forth in
the certified statement of costs for real estate owned by the state and
shall charge the appropriate fund for the amount.
(k) This subsection applies to real estate owned by a municipality
(as defined in IC 5-11-1-16) other than the township. The fiscal
officer of the municipality shall make the necessary appropriation
from the appropriate fund to pay the township the amount set forth
in the certified statement of costs for real estate owned by the
municipality.
(l) This subsection applies to real estate that is exempt from
property taxation. The owner of the tax exempt real estate shall pay
the amount set forth in the certified statement of costs for the tax
exempt real estate. If the owner of the tax exempt real estate fails to
pay the amount required by this chapter, the owner is ineligible for
the property tax exemption and the department of local government
finance shall deny the property tax exemption for the real estate.
(Formerly: Acts 1929, c.122, s.3; Acts 1937, c.140, s.2; Acts 1947,
c.109, s.1; Acts 1953, c.16, s.3.) As amended by P.L.183-1983,
SEC.70; P.L.8-1987, SEC.33; P.L.191-1987, SEC.3; P.L.141-1996,
SEC.1; P.L.90-2002, SEC.379.
IC 15-3-4-4
Collection of expenditure with taxes
Sec. 4. Except as provided in section 3 of this chapter, the county
auditor, upon receiving and filing such trustee's certificate as
prescribed in this chapter, shall immediately place said amounts on
the tax duplicate of the county and such amounts shall be due at the
next tax paying time, and shall be collected for the proper township
or townships, the same as other state, county, or township taxes are
collected, including penalties, forfeitures, and sales, and when so
collected shall be paid to the proper trustee and placed in the
township fund.
(Formerly: Acts 1929, c.122, s.4; Acts 1937, c.140, s.3.) As amended
by P.L.183-1983, SEC.71; P.L.141-1996, SEC.2.
IC 15-3-4-5
Failure to eradicate; selling seed
Sec. 5. (a) A person who:
(1) knowingly allows detrimental plants to grow and mature on
land owned, or possessed by the person;
(2) knowing of the existence of detrimental plants on land
owned, or possessed by the person, fails to cut them down or
eradicate them by chemicals each year, as prescribed in this
chapter;
(3) having charge of or control over any highway, knowingly
allows detrimental plants to grow or mature on the right-of-way
of the highway, or, knowing of the existence of the detrimental
plants fails to cut them down or eradicate them by chemicals, as
prescribed in this chapter;
(4) having charge of or control over the right-of-way of a
railroad or interurban company, knowingly allows detrimental
plants, to grow and mature thereon, or knowing of the existence
of the detrimental plants, fails to cut them down or eradicate
them by chemicals, as prescribed in this chapter; or
(5) knowingly sells Canada thistle (cirsium arvense) seed;
commits a Class C infraction. Each day this section is violated
constitutes a separate infraction.
(b) All judgments collected under this section shall be paid to the
trustee and placed in the trustee's township funds for use at the
discretion of the trustee.
(Formerly: Acts 1929, c.122, s.5; Acts 1953, c.16, s.4.) As amended
by Acts 1978, P.L.2, SEC.1518; P.L.191-1987, SEC.4.
IC 15-3-4-6
Failure of township trustee to perform duties
Sec. 6. A township trustee who fails to perform the duties required
of him by this chapter commits a Class C infraction.
(Formerly: Acts 1929, c.122, s.6.) As amended by Acts 1978, P.L.2,
SEC.1519.
IC 15-3-4-7
Budget
Sec. 7. When the annual budget is prepared, a sufficient amount
shall be appropriated to enable the township officials to comply with
this chapter.
(Formerly: Acts 1929, c.122, s.8.) As amended by P.L.183-1983,
SEC.72; P.L.191-1987, SEC.5.
IC 15-3-4-9
Exemption of land subject to program
Sec. 9. The director of the department of natural resources or the
dean of agriculture of Purdue University may totally or partially
exempt land that is subject to a program of the department or station
from this chapter or any other statute concerning the destruction of
detrimental plants.
As added by P.L.191-1987, SEC.7. Amended by P.L.182-1989,
SEC.2; P.L.40-1993, SEC.15.