TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 152. FOREST PEST CONTROL

SUBCHAPTER D. JUDICIAL REVIEW



§ 152.101. JUDICIAL REVIEW OF SERVICE NOTICE.
     A landowner or person having control of forest land who is aggrieved by the notice given by the service is entitled to seek relief but only if the proceedings to obtain the relief are initiated within 10 days from the time notice is given, exclusive of the date the notice is given.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 152.102. VENUE.
     The proceeding to obtain relief shall be in the district court of the county in which the land is located.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 152.103. CONTROL MEASURES PENDING LITIGATION.
     The service shall not proceed with any control measures while the litigation is pending unless permission to do so is given by the court on a showing of probable harm due to a delay in using the control measures.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 152.105. INJUNCTIVE RELIEF FOR LANDOWNER.
     If the final judgment in an action seeking relief from a notice is in favor of the landowner, the landowner may be entitled to injunctive relief against the use of any control measures on his forest land by the service until such time as the court may determine.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 152.106. NOTICE FINAL.
     If the final judgment is against the landowner, or if the landowner fails to seek relief in the district court of the county in which the land is located, the notice from the service is final, and the service shall summarily take the measures necessary to control the infestation.

Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, § 1, eff. Sept. 1, 1977.