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O.C.G.A. § 12-6-22 — Investigation of tree diseases or insect infestation; notification of landowner; recommendations; effect of landowner's failure to act; disposition of proceeds derived from sale of trees | Georgia Code
O.C.G.A. § 12-6-22 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

ARTICLE 1 FOREST RESOURCES

12-6-22. Investigation of tree diseases or insect infestation; notification of landowner; recommendations; effect of landowner's failure to act; disposition of proceeds derived from sale of trees.

  1. The commission shall have the authority to enter upon any land on which the commission believes the trees are suffering from an infestation or infection for the purpose of determining whether such infestation or infection exists, the location thereof, and the extent and cause thereof. If an infestation or infection is found to exist by the commission, it shall notify the landowner of such condition and recommend a course of action by the landowner to prevent the spreading of the infestation or disease. If the landowner, within a reasonable period of time following such notification, fails to take action to prevent the spreading of the infestation or disease, then the commission may:
    1. Fell and remove infested or diseased trees;
    2. Fell and chemically treat infested or diseased trees;
    3. Chemically treat standing infested or diseased trees; or
    4. Take such other effective control methods as the commission deems appropriate.
  2. Any proceeds derived from any sale of such trees shall be paid to the landowner.

(Ga. L. 1974, p. 426, §§ 1, 2.)

Cross references.

- Authority of commission to enter lands for purposes of preventing, controlling, or suppressing forest fires, § 12-6-84.

RESEARCH REFERENCES

Am. Jur. 2d.

- 16A Am. Jur. 2d, Constitutional Law, § 242.

C.J.S.

- 16 C.J.S., Constitutional Law, §§ 311, 314, 316. 98 C.J.S., Woods and Forests, § 3.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.