Department may establish control areas; limitations.

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(2) The power and authority to establish control areas and for the eradication or exclusion of certain plants or their produce, trees or insects or other plant pests existing in the areas or to be excluded from the areas shall be exercised reasonably and justly considering the exigencies of the particular situation, the danger to the interests sought to be protected and the immediate and continuing effect upon the property and the owners of the property in the areas established. The department may not exercise the power to establish control areas unreasonably, unjustly or arbitrarily.

(3) The department, in making a determination, shall define the boundaries of the control areas and specify the character and kinds of plants or their produce, trees or insects or other plant pests to be eradicated or excluded and the manner and method of eradication or exclusion. The provisions of ORS 561.510 to 561.590 apply to this section. [Amended by 1987 c.228 §1; 2015 c.203 §18]


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