§ 8-32. Duty to contain running bamboo; exception.

A.

Except as provided in subsection C of this section, a landowner on whose property running bamboo grows shall not allow the running bamboo to spread from his property to any adjoining property not owned by the landowner or within ten feet of a public right-of-way or a public roadway.

B.

A landowner on whose property running bamboo grows shall install or implement an appropriate containment measure effective at preventing such running bamboo from spreading from his property onto an adjoining property not owned by the landowner or within ten feet of a public right-of-way or public roadway.

C.

A landowner on whose property running bamboo has spread from an adjoining property shall not be required to install or implement a containment measure to prevent the spread of this running bamboo if he:

1.

Did not plant the running bamboo or cause the running bamboo to be planted or grown on his property;

2.

Has provided satisfactory proof to Isle of Wight County that, within a reasonable period of time after:

(i)

Discovering the spread of running bamboo onto his property from an adjoining property; or

(ii)

Purchasing property on which running bamboo had spread from an adjoining property, he advised the owner of the adjoining property of his objection to the spread of the running bamboo; and

3.

Has initiated steps for the removal of the running bamboo from his property, including remedies at law. (6-14-18.)