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2016 Op. S.D. Att'y Gen. 1 (2016)

handle is hein.sag/sagsd0068 and id is 1 raw text is: 









MARTY  J. JACKLEY
ATTORNEY GENERAL


       STATE OF SOUTH DAKOTA




OFFICE  OF ATTORNEY   GENERAL
     1302 East Highway 14, Suite I
     Pierre, South Dakota 57501-8501
        Phone (605) 773-3215
        Fax (605) 773-4106
        TTY (605) 773-6585
          http://atg.sd.gov/


  CHARLES D. McGUIGAN
CHIEF DEPUTY ATTORNEY GENERAL


August 05, 2016



Lonnie Mayer, Supervisor
Hutchinson  County Weed  & Pest Board
140 Euclid #38
Olivet, South Dakota 57052

Official Opinion No. 16-01

Re:   Obligation for Weed Control on  or Along Township  Roads

Dear Mr. Mayer,

In your position as Supervisor of the Hutchinson County Weed & Pest Board,
you have requested an official opinion from the Attorney General's Office on the
following questions:

Question(s):

   1. Is the township or the adjoining landowner responsible for weed control
      along township roads?

   2. Can a township deviate from the dates established in statute for the
      removal of weeds?

Answer(s):

    1. The Legislature has placed the responsibility for controlling and
      eradicating noxious weeds on or along township roads upon the state
      agency  or subdivision that supervises the roads. The responsibility for
      controlling all other weeds on or along township roads has been placed
      upon  the landowner.

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