Have you ever been frustrated by watching your field or pasture grow thick with Canadian Thistle, knowing that just last year you made a point of clearing those weeds off your land?
Of course, the issue becomes - what can you do about this particular problem (which seems to happen every year)? South Dakota law, in partnership with the South Dakota Weed and Pest Commission, sets out a few provisions that you may find helpful. Here’s a quick rundown:
The South Dakota Weed and Pest Commission publishes a list of weeds that are “detrimental to the production of crops or livestock.” This is commonly known as the noxious weed list. If the weed that is causing you a headache is one from this list, you should be able to do something.
In instances where the weeds are on state land (including right of ways) the local government which is responsible for the land must take care of the problem. If the weeds have moved from a neighbor’s property onto your land, South Dakota law requires that individual to fix the problem caused by the weeds. In some instances, this remedy might even result in a lawsuit.
Landowners should take always "keep an eye out" for noxious weeds and other bothersome pests. South Dakota law is clear that it’s your responsibility to take care of these problems before they get out of hand. If you’re having trouble with an issue similar to this, or any other agricultural law issue, contact Swier Law Firm.