263.200. County commission duties to control, official immunity, landowner duty of care--special tax for cost, collection--provisions applicable to certain political subdivisions.
County commission duties to control, official immunity, landowner dutyof care--special tax for cost, collection--provisions applicable tocertain political subdivisions.
263.200. 1. In addition to the remedies provided insection 263.190, when Canada, musk, or Scotch thistles arediscovered growing on any lands in the county, it shall be theduty of the county commission to control such thistles so as toprevent the seed from ripening, and for that purpose the countycommission, or its agents, servants, or employees shall haveauthority to enter on such lands without being liable to anaction of trespass therefor, and shall have such officialimmunity as exists at common law for any misfeasance or damagesoccurring in connection with the attempt to control Canada, musk,or Scotch thistles. Notwithstanding any provision of law to thecontrary, the county shall be liable for any misfeasance oractual damages caused by its agents, servants, or employees inconnection with the attempt to control Canada, musk, or Scotchthistles. The landowner shall owe no duty of care to suchpersons, except that which the landowner owes to trespassers.The county commission shall keep an accurate account of theexpenses incurred in controlling the thistles, and shall verifysuch statement under seal of the county commission, and transmitthe same to the officer whose duty it is or may be to extendstate and county taxes on tax books or bills against real estate;and such officer shall extend the aggregate expenses so chargedagainst each tract of land as a special tax, which shall thenbecome a lien on the lands, and be collected as state and countytaxes are collected by law and paid to the county commission andcredited to the county control fund.
2. Before proceeding to control Canada, musk, or Scotchthistles as provided in this section, the county commission ofthe county in which the land, or the greater part thereof, islocated shall notify the owner of the land of the requirements ofthis law, by certified mail, return receipt requested, from alist supplied by the officer who prepares the tax list, and shallallow the owner of the land fifteen days from acknowledgment dateof return receipt, or date of refusal of acceptance of delivery,as the case may be, to control all such plants growing upon hisland.
3. Any land or properties that are owned solely by apolitical subdivision in a city not within a county shall besubject to all provisions of sections 263.190, 263.200, and263.240.
(RSMo 1939 § 14261, A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199)Prior revisions: 1929 § 12598; 1919 § 12119; 1909 § 743