Military Affairs and Defense

CHAPTER 30-15.4
Debris and Wreckage Removal in Disasters

SECTION 30-15.4-2

§ 30-15.4-2. Conditions of removal or clearance.

(a) Authority under this chapter shall be exercised unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of the debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from the removal.

(b) Whenever the governor provides for clearance of debris or wreckage pursuant to subsection (a) of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(c) Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or agent complying with orders of the governor and performing duties pursuant thereto under this chapter shall not be liable for the death of, or injury to, any persons or damage to any property.

History of Section.
(P.L. 1975, ch. 124, § 1.)