                                 CODE OF VIRGINIA

ABUNDANCE SURVEYS; ERADICATION OR SUPPRESSION OF PESTS (§ 3.2-702)

The Commissioner shall direct abundance surveys for plant pests and may carry
out operations or measures to locate, suppress, control, eradicate, prevent, or
retard the spread of pests. When the Commissioner determines that a new or
dangerous or highly injurious plant pest exists within the Commonwealth or that
an established pest requires control and the nature of the pest dictates
immediate action, he may proceed with eradication or suppression. Provided
further, that whenever the Commissioner intends to go upon any property for the
purpose of eradicating or suppressing pests, he shall before entering upon any
such property, give a written notice to the owner or occupant thereof at least
24 hours prior to such entry, setting forth in detail the purpose or purposes
for which such entry shall be made.

In the event the Commissioner determines a plant pest does not require immediate
action, he shall report his findings, including the nature of the pest and
method of proposed treatment, to the Board in writing and to the property owners
or persons in charge of the property concerned by printing a copy thereof, at
least once, in at least one newspaper of general circulation in the locality
concerned. In case of objection to the action proposed, an appeal shall lie to
the Board. Such appeal shall be taken within seven days from the issue of the
notice and shall act as a stay of proceedings insofar as the property of the
person noting the appeal is concerned until it is heard and decided.

HISTORY: 1975, c. 29, § 3.1-188.22; 1980, c. 291; 2008, c. 860.