Any agent authorized by the board to carry out an inspection on its behalf may enter upon any property within the county for the purpose of administering this chapter and any other power exercisable pursuant thereto, including the taking of specimens, general inspection, and the performance of such acts as are necessary for the controlling and preventing the spread of orchard pests and diseases. Such entry may be without consent, and no action for trespass or damages shall lie so long as such entry and any activities connected therewith are undertaken and prosecuted with reasonable care.
Should any such authorized agent of the board be denied access to such property where such access was sought to carry out the provisions of this chapter, the board shall apply to the magistrate of the district court for Washington County, Idaho, seeking an order directing the landowner to allow the board or its authorized agent to enter the land to exercise any power under this chapter. If such an order is made necessary by the landowner, such landowner shall be liable for fees and costs associated with obtaining such order as determined in the discretion of the magistrate judge. (Ord. 48, 5-6-2002)
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