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SECTION 9-1303
Forest insects and other forest tree diseases
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 13
§ 9-1303. Forest insects and other forest tree diseases.

For the purpose of control and preventing the spread of forest insects
and forest tree diseases (except white pine blister rust and currant
rust, covered by section 9-1301) the following provisions shall apply:

1. The department may enter into cooperative agreements with any other
state, the federal government, any foreign government, any municipal
subdivision of New York state or private individuals in order to obtain
proper working agreements.

2. The department may accept and expend gifts of money for control and
prevention work.

3. The department may conduct necessary investigations for the purpose
of discovering better methods of control or prevention of spread of
forest insects and forest tree diseases either within or without the
state.

4. Duly authorized agents of the department may enter upon any lands
for the purpose of determining if such property is infested with forest
insects or forest tree diseases, and the extent of such infestation.

5. The department shall have the authority by order to establish
quarantine districts in any part or parts of the state, and to prohibit
the movement of materials which may be harboring forest insects or
forest tree diseases in any of their different forms. On the making of
such an order, the department shall cause a certified copy of the same
to be filed in the office of the clerk of each county, affected by such
quarantine, and shall give such other notice thereof as it may deem
necessary. Such order shall be effective on and after the tenth day from
the filing thereof.

6. The department shall have discretionary authority to poison forest
areas in or near sections infested by insect pests or forest tree
diseases.

7. The department may take steps to establish barrier or protective
zones for the purpose of preventing the spread of forest insect and
disease pests, and in so doing shall have the authority and right to
enter upon private lands for this purpose, and thereon make such
modifications in the composition of the forest growth as it may deem
necessary. In such barrier or protective zones trees or other vegetation
may be sprayed, cut, destroyed, or otherwise treated when in the
judgment of the department, the same may be necessary, but the owner of
the property shall be entitled to a just compensation for damage done
through the acts of such agents, except that no compensation shall be
paid for the destruction of infested trees.

8. The department shall have power to ascertain the amount of damage
done upon lands of private owners by the acts of the agents of the
department in establishing and maintaining barrier zones, by having an
agent of the department appraise the same. If the owner is not satisfied
with the amount of damage as fixed by such appraisal, he may, within six
months after service upon him of a copy of such appraisal, take an
appeal therefrom to the Court of Claims, which court is hereby
authorized to pass upon the questions involved and determine the amount
due such owner.

9. The department may by order make rules and regulations governing
any and all operations designed for the purpose of preventing the spread
of or for the purpose of controlling forest insects and forest tree
diseases, their pupae, eggs and caterpillars, and plants or trees
infested by them, all of which are hereby declared a public nuisance.
Such rules and regulations shall become effective in any county on and
after the tenth day from the filing of a certified copy in the office of
the clerk of that county.

10. No action for trespass shall lie on account of entry on private
lands by an agent of the department for the exercise of any power
authorized by this section.

11. No person shall wilfully resist or obstruct the work of any agents
duly employed by the department, engaged in the suppression of forest
insects or forest tree diseases.

12. The department shall have the authority to incur expenses in
connection with the training of persons at points outside of the state
of New York, if the same is deemed by it necessary.