APB agenda 112205 - Laserfiche WebLink

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E' � k TRESPASSING 'Die meaning of trespassing seems fairly straightforward: Walking onto someone's property without his or her permission. This kind of trespass in farm country is most often a complaint by farmers about nonfarmers. "Hey! Didn't you see the sign on that gate? It means `keep out.' Now get out before I call the sheriff.." But trespassing in an agri.cultu.ral setting can mean something more. R.ecei:lt court rulings lla.ve declared that tl }e movement of chemicals, soil, or aziiinal waste across property lines also constitutes a trespass. Such. a determination is almost certain if the incident deprives a per- son of the use or enjoyment of his or her property. "The spring thau) hit pretty fast this year Mud from Bill's field over there washed into my yard, killed my grass and went right into my pool." Farmers beware. Herbicide drift, sedimentation from an eroding field, and liquefied I-nanure washing across the property boundary can constitute a trespass. If a court finds the farmer guilty, the judge can award monetary damages, require actions to prevent future tres- passes, impose a punitive fine, or even order jail time. VIOLATION OF ENVIRONMENTAL LAWS Concern about. the environment has been a hot political, social, and economic issue for several. decades. In response, federal, state, and Local governments have enacted. many kinds of environmental laws with a. variety of environmental goals. The laws' most basic goal is to maintain or improve the quality of air, water , and wildlife habitats by reducing the flow of contaminants into the environment that re- sults from human activity. And yet, cities and towns, real estate de- velopers, residents and consumers, manufacturers, farmers, and nat- uralists all continue to be embroiled in tussles over the environment.. "The' factoi -y up the hill is belching smoke as black as tar. The smell is unbearable and everyone around herd is coughing like craze." t6