Sprayed broadleaf herbicide and who knows what else thru the chain link
fence from my neighbor's yard into my garden again. Killed my squash,
and the tomatillo closest to the fence looks stunted a bit.
Last time they did this they left a calling card. This time, I don't
know for /sure/ that it was them because there was no little sign left
in the yard. I'm gonna call the county Monday and find out who they
sent out to spray the fence line (the county owns the house) and then
complain to the EPA this time instead of complaining directly to Chemlawn.
I don't think the EPA will yank their applicator's license, but there
ought to be a stiff fine for applying pesticides without following the
Place a few black trash bags on your side of the fence. Document
with an image. Let the folks know if their is spray gets on your bags
It will be an legal issue. This ruse caused my neighbors to call off
aerial spaying 10 years ago.
Bill considered a bastard but so be it . This with relatives.
S Jersey USA Zone 5 Shade
http://www.ocutech.com/ High tech Vison aid
What ever state you are located in will have a regulatory office that
regulates pesticide application. They are who you need to contact rather
than the EPA. Some states it will be Dept of Ag other states will have
specialized regulatory board.
You're in luck. According to a former town justice here, what the chem-pigs
did falls under the heading of civil trespass. That law doesn't only apply
to people entering property without authorization, but also objects, animals
and substances. Once you find out who the chem-pigs were, call the town
office and find out what's involved in taking them to small claims court.
You may also want to tally up the hours you spent on the garden, multiply by
a reasonable number (say $175 per hour), and include that in the claim.
Finally, check with your state's environmental agency as to whether there's
a safe method for planting in that spot again. If it involves new topsoil
and hiring laborers, it gets lumped into the claim. Finally, some judges
will issue an injunction preventing any further spraying within a certain
distance of the fence line. The local judge did that for me. It
***REQUIRED*** the police to arrest my neighbor and her chem-pig applicator
if she repeated her crime. She never sprayed again.
In this case, the "neighbor" is Olmsted County, MN. The person living
in the house (rented from the county) is not a problem. The county
itself is sending people out to spray.
The county is most likely immune from any civil lawsuits, small claims
or otherwise. I have to go after the applicator, or find a criminal
statute violated by the county.
BTW, it got interesting a couple of years ago when the house was vacant
one winter, and I called the sheriff and told him if I was supposed to
keep *my* sidewalk cleared, he needed to come out and shovel *his*.
(There was a huge snowstorm and the sidewalk went unshoveled for a
couple of days, in violation of a local ordinance.) They sent someone
out a couple of hours later.
I'll bet they're not immune. It used to be a given, but governments big
and small have been made to answer for their presumptive behaviors
lately. If they contracted with Chemlawn, they are responsible for what
Chemlawn does. F'rinstance, Comcast has a right of way through the back
of my property. Two years ago, they had to do excavations on that right
of way to do line upgrading. Comcast hired an outside company to do the
excavation and lay the line. When the work was done, everybody pulled up
and left and the back of my property was a freakin' mess! They were just
gone without a word, and when the yard remained unchanged days later it
seemed evident that they had no intention of clearing up. There were
tire tracks all over my yard from their digging equipment, my back fence
was pushed over, and huge clods of dirt and sod were everywhere. They
hadn't backfilled properly and the trench line was a heaving lumpy mess.
When I called Comcast about it a few days later, they told me it wasn't
their problem since the "other company" did the work. I reminded them
that the "other company" was acting in Comcast's interest and under
Comcast's direction and as a result it was as if Comcast had done the
work itself and was responsible for cleaning it up. But to be on the
safe side, I backed it up with a letter from an attorney. The "other
company" was out there the next day leveling off the backfill, cleaning
up the mess, and lining the fence back up nice and straight.
Here's one for you:
we own some land outside of a town near here. 20+ acres of pasture
land, currently occupied by 9 horses and 5 cows. NC DOT recently
decided that they want to take our pasture and run a *new* ditch thru
it. The overflow from an area pond runs thru the pasture in a little
stream and now they want to re-route it. We have been informed by local
government, that they are taking a little over 5 acres for this project,
right down the middle of the pasture, digging a trench, and lining it
with landscaping rocks. Do you know what effect that the rocks will
have on the horses feet?!? The way they want to fix it will almost
eliminate any water flow thru the pasture, thus having a bad effect on
the cows. For those who aren't ranchers on the group, the water is vital
to the cows in other ways than for drinking. Cows don't sweat, so they
stand in the water to cool themselves. The township and the county have
already approved this project. So how can we fight this one? Oh, and
during this process, we are *required* to remove all animals from the
pasture, so as the machinery won't scare them and make them *wild*. They
*assure* us that we will be paid for the acreage they take, as soon as
the project is complete. Like we had it for sale before hand or
something............Everything I've tried to do to prevent this, has
turned into dead-ends. Frustrating! UGH!
Ha, town meetings? let me tell you where those got me - NO WHERE! My
uncle is the town manager, his wife is the town secretary and thinks she
runs the whole town! They are upset that grandpa left the cows to me &
my kids, and not them..........you can guess the rest.
So far, we are having trouble finding a local lawyer who hasn't been in
my "aunt's" back pocket so to speak.
However, OTOH, I do have several circuit court judges who are my
friends, one of which is going over our case now. Hopefully, he can
refer us to someone who will take the case, or work on it himself.......
In the meantime, lots of prayer, looking for another pasture that we
might can rent for awhile, and trying to get some of the neighbors
around the pasture involved.
Where's their environmental impact study? Who knows what endangered
species of microscopic amphibians might be harmed if they reroute the
water? (basically, find all kinds of federal bullshit paperwork that
they are lacking, and sic the bureaucrats on them. The feds should be
able to tie it up for 10 years, although you might have trouble getting
their cooperation under the current administration. But if your lawyer
can find a sympathetic judge...
(I'm serious about the Environmental Impact Study)
They say they will pay *after* the project is finished? That doesn't
I don't know where you live in, but there may be state water-rights laws
that give you some leverage.
Or you and a few buddies could just deny them access to the land, with a
Garands and a few cases of Greek or Korean surplus ammunition if you're
into that last stand sort of thing.
So, I guess Agent Orange on your children, nevermind your garden, and pets
is okay as long as a government entity is responsible for subcontracting its
Wonder how much of that herbicide is diluted and actually in your garden
now? Maybe you're eating some?
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