2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 317 - WEEDS
317.6 - ENTERING LAND TO DESTROY WEEDS -- NOTICE.

        317.6  ENTERING LAND TO DESTROY WEEDS -- NOTICE.
         If there is a substantial failure by the owner or person in
      possession or control of any land to comply with any order of
      destruction pursuant to the provisions of this chapter, the county
      weed commissioner, including the weed commissioner's deputies, or
      employees acting under the weed commissioner's direction may enter
      upon any land within the commissioner's county for the purpose of
      destroying noxious weeds.  The entry may be made without the consent
      of the landowner or person in possession or control of the land.
      However, the actual work of destruction shall not be commenced until
      five days after the landowner and the person in possession or control
      of the land have been notified.  The notice shall state the facts
      relating to failure of compliance with the county program of weed
      destruction order or orders made by the board of supervisors.  The
      notice shall be delivered by personal service on the owner and
      persons in possession and control of the land.  The personal service
      may be served by the weed commissioner or any person designated in
      writing by the weed commissioner.  However, in lieu of personal
      service, the weed commissioner may provide that the notice be
      delivered by certified mail.  A copy of the notice shall be filed in
      the office of the county auditor.  The last known address of the
      owner or person in possession or control of the land may be
      ascertained, if necessary, from the last tax list in the county
      treasurer's office.  Where any person owning land within the county
      has filed a written instrument in the office of the county auditor
      designating the name and address of its agent, the notice may be
      delivered to that agent.  In computing time for notice, it shall be
      from the date of service as evidenced on the return of service.  If
      delivery is made by certified mail, it shall be from the date of
      mailing.  

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, § 4817; C27, 31, 35, § 4817, 4823-b1;
      C39, § 4829.05, 4829.06; C46, § 317.5, 317.6; C50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 317.6] 

         Section History: Recent Form

         2005 Acts, ch 39, §1
         Referred to in § 317.16