263.262. Johnson grass declared nuisance, where--abatement.
Johnson grass declared nuisance, where--abatement.
263.262. The existence or growth of Johnson grass in anelecting county is hereby declared to be a public and commonnuisance and the prosecuting attorney for each county shall havethe duty to bring an action in the circuit court of the county toenjoin such nuisance. The action shall be in the name of thestate of Missouri and shall be tried as a suit in equity beforethe court, and shall be against all persons permitting ormaintaining such nuisance. The complaint in said action shallrecite that thirty days' advance notice of the action has beenserved upon the defendants thereto, and that said defendants havetaken no suitable action to comply with the provisions of the lawprior to the filing of the complaint. Any landowner whose landis adjacent to or within one hundred feet of land on which suchnuisance is permitted or maintained and who is undertaking aJohnson grass control program may bring a civil action forinjunction against any person permitting or maintaining suchnuisance and shall, in addition to injunctive relief, be entitledto recover as a penalty the sum of five hundred dollars as wellas a reasonable attorney fee and any actual damages sustained asa result of such nuisance.
(L. 1957 p. 9 § 12, A.L. 1977 H.B. 297)CROSS REFERENCE:
Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, RSMo 67.398