Bill Description: House Bill 94 would allow a county to destroy a landowner's crops and bill the owner, in the name of combatting noxious weeds, after a notice was mailed to the property, even if the owner is unknown or unavailable.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Idaho law allows counties to require landowners to control noxious weeds and, if a landowner does not do so promptly, "the county having jurisdiction shall have proper control methods used on such land, including necessary destruction of crops, and shall advise the landowner of the cost incurred in connection with such operation."
House Bill 94 would amend Section 22-2405, Idaho Code, to say, "If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from the notice's postmark or certified registered receipt to the address as shown on the assessment roll of the county."
This provision would allow a county to destroy a landowner's crops and levy charges, even if the owner is out of town or otherwise unavailable. The county wouldn't even be required to make a good-faith effort to attempt to contact the landowner by other means, such as phone or email.
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