Chemlawn bastards

[zxcvbob]

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 label restrictions.

Bob

[William Wagner]

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.

[Ron Hardin]

Still, it's amusing when your dog chases the airplane up and down the fence line, even if she can't have puppies.

[Lar]

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.

Lar

[beecrofter]

It's called "Chemical Trespass" But if you were to roundup a swath a few feet into their property they wouldn't need to spray near the fence any more :)

[JoeSpareBedroom]

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.

[zxcvbob]

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.

Bob

[zxcvbob]

I don't want to piss off the lady that lives there. She has enough problems already, and she's not the one hiring Chemlawn.

Bob

[JoeSpareBedroom]

In any case, it is trespassing.

[Pennyaline]

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.

As they should.

[Jan Flora]

Gee, doing that in Alaska will get you in big trouble. The legislature just passed a statute about pesticide application without notification. Some people are allergic to certain ag chemicals, like me. (What's with people suddenly becoming allergic to so many things these days? I can't even walk down the laundry soap isle in the grocery store anymore, and I don't have a bad case of "chemical sensitivity" or whatever they're calling it this week.)

Your state will have some control over their licensed pesticide applicators. Look at your state website and figure out which agency licenses them. (It's Dept. of Environmental Conservation in Alaska.) Call them. Then if you need more help than the licensing agency can offer, call your local legislator and see if he/she will help.

Or something like that.

Good Luck,

Jan

[Dave]

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 application.

Wonder how much of that herbicide is diluted and actually in your garden now? Maybe you're eating some? Dave

[zxcvbob]

Is that really what you think I said? That's it's OK because the govt did it?

Bob

[rachael simpson]

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!

[JoeSpareBedroom]

What does your lawyer say about this? And, did you attend any town meetings where this could have been discussed?

[rachael simpson]

*SNIP*

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.

[Cheryl Isaak]

You don't think this has "politics" involved? Family politics are the worst and most deadly form. C

[rachael simpson]

*snip*

AMEN!

[zxcvbob]

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 smell right.

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.

Bob

[Dave]

"The county is most likely immune from any civil lawsuits, small claims or otherwise."

Dave