US Lawyer Database

§ 35-5-114. Liberal Construction

This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article. Source: L. 59: p. 184, § 14. CRS 53: § 6-16-14. C.R.S. 1963: § 6-5-14.

§ 35-5-115. Dissolution of District

The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that of organizing the district, if a program is […]

§ 35-5-116. Major Grasshopper and Range Caterpillar Infestations

Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor’s agricultural emergency and disaster fund shall be made available for grasshopper or range caterpillar control. Source: L. 75: […]

§ 35-5-117. Emergency Measures

When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, he shall specify the area or areas of the major infestation. Within such area or areas, he is authorized to direct that such emergency measures be taken as he deems necessary to alleviate conditions which gravely jeopardize property […]

§ 35-5-118. Right of Entry

All persons authorized to carry out emergency measures directed under the provisions of this article shall have free access to all public and private lands, premises, and buildings within the areas specified and are authorized to enter thereon and to perform such work and take such measures as directed without the consent of the owners […]

§ 35-5-120. Grasshopper and Range Caterpillar Control

The board of county commissioners of each county in which the governor has declared an emergency resulting from a major grasshopper or range caterpillar infestation is hereby authorized and directed to establish a system of priorities for any operation involving the control of grasshoppers or range caterpillars in infested areas. Such board of county commissioners […]

§ 35-5-121. Immunity

Neither the state or its agencies, officers, or employees nor the officers, agents, employees, or representatives of any governmental or private concern shall be liable for any claim based upon the exercise or performance or the failure to exercise or perform a function prescribed under the provisions of sections 35-5-116 to 35-5-121. Source: L. 75: […]

§ 35-5-122. Costs of Control Operations

The costs of grasshopper or range caterpillar control operations shall be borne as follows: Landowners and lessees in grasshopper or range caterpillar control districts shall assume one-third of the cost in those instances where the commissioner enters into an arrangement with APHIS whereby APHIS agrees to pay one-third of such costs. Landowners and lessees in […]

§ 35-5-123. Rules and Regulations

The commissioner is authorized, after opportunity for hearing and in accordance with article 4 of title 24, C.R.S., to promulgate appropriate rules and regulations concerning: Payment of costs by landowners and lessees, APHIS, and the governor’s agricultural emergency and disaster fund; Procedures for awarding contracts for grasshopper and range caterpillar control operations, which procedures shall […]

§ 35-5-125. Cooperation Between Districts

When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board […]