Armed Polite Society
Main Forums => The Roundtable => Topic started by: Cliffh on April 27, 2012, 10:08:09 PM
-
First, a bit of background:
My wife & I purchased our 5 acres east of Dallas a bit over 4 years ago. It's an understatement to call the condition of the property a jungle, it was more of a combination jungle and landfill. There were weeds over 10' tall, 8 year old trees with the tops bent to the ground because the vines had pulled them over, piles of trash both buried and above ground, old/trashed boats - a real mess.
Because of this we were unaware that a portion of the property is flooded for most, if not all, of the year. We didn't become aware of the problem until about 1 1/2 years ago, when I'd finally gotten that portion of the property (mostly) cleared. The only time I'm aware of this area being dry was during last summers' drought. The problem is caused by a neighbor. This neighbor lives across the street, east of us. He also recently purchased the 5 acres south of us on our side of the street.
There is a drainage creek that starts somewhere to the west of our property, meanders east along the south fence line staying mainly on our property but it does cross onto his southern property and back onto ours again. The creek also has a large bend in it that cuts off approx. 1/4 acre of our property; we can't access that area without either going off our property and onto his, then back onto ours or by building a bridge across the 2 1/2 feet deep creek or wading the creek. The creek then crosses under the county road onto his eastern property where he has a dam across the creek, creating a large pond on his property. The county road runs north/south between his eastern property and ours, and has a drainage ditch alongside of it, on our property.
The problem is that the overflow pipes on his dam are too high, by about 2 1/2 feet. This causes the water to back up under the county road and flood not only the creek on the southern edge of our property, but also a large area of our property near the road (about 50 yds x 15 yds) and about 100 yards of the drainage ditch along the county road. The high water level also contributes to the county road flooding during any moderate to heavy rain.
I've talked with the neighbor about the situation 4 or 5 times. His answer each time has been to accept responsibility, say he'll remedy it, but can't do it right now - for various reasons, whatever seems appropriate at the time. He has said that the overflow pipes were that way when he bought his property; the previous owner had the dam rebuilt and the contractor installed the pipes incorrectly.
I've sent letters to and/or talked with numerous state and federal agencies, every response but one has been that I'd need to take him to court. The one more positive response has been from the County Commissioner; he's indicated that, because the road is being impacted, he'll do something about it. The problem there is that he's running for reelection, he even stated that it wouldn't look good for him to be taking one of his constituents to court during an election year.
I recently sent the neighbor what basically amounted to a "cease & desist" letter which he ignored.
The only lawyer I talked to said it would cost at least $250 for a "cease & desist" letter from him and if we went to court it would require a $5,000 retainer and $250 per hour. Way out of my ability to pay.
There are numerous reasons I'd like to get this resolved: it's a breeding ground for mosquitoes, it's killing my trees (two of which fell onto the power lines 2 winters ago), I can't access part of my property, I can't maintain my property as I'd like, and I've gotten injured as a direct result of the flooding while trying to work around that area. That mud is slippery, when mixed with power tools, things can go wrong in a hurry.
One more complication is that we live in the county just outside of a small town - about 1,300 people. The neighbor is a LEO on the local force. He's told stories of his work that have my wife & I concerned about retaliation. I'm considering a GPS data logger, just in case. Since I'm (now-a-days) a careful driver, any ticket(s) would be bogus & proof would be nice.
-
Could you offer to cut the tops off the spillway pipes for him? (how hard could that be?)
Be careful, the .gov may declare your property a "wetlands"
-
Actually, the government may be interested in the fact that he has damed the creek - you vould spend an hour or so at the courthouse looking up the permit for him to do that. The clerks there should be willing to give you some assistance, if only by helping you find the legal description of the property. If the self-help route leaves you stimied, you could invest in a Realtor's assistance. It might not cost you more that what the lawyer wanted for the letter.
Another avenue to explore is your title insurance. If the deed and description of the property do not match what is actually going on they should offer you some courses of action to consider.
If the neighbor has in fact admitted responsibility and "promised" to remedy the situation, you could sue for damages based on the loss of use/enjoyment of the property. I'm sure you had some plan for that corner of your property that you cannot bring to fruition because of the neighbor's refusal to remedy his willful damage. Check to see if that might be something you could do in small claims court. (I'm thinking either make him buy the land from you or escrow the cost of remediation plus your expenses in getting estimates on those costs.)
Where is Brad Johnson when he is needed? Someone please check the phobe booths to see if there is someone changing into a superhero costume.
stay safe.
-
I've offered to bring my tools over and help him do the work and/or do the work myself. Every time has been "I'll get to it later".
I could take him to small claims court. I'm not sure that I can sue in small claims for an action; I'm pretty sure he could only be sued for costs. I've looked into/gotten estimates for filling in the low spots, but that would still leave the creek and ditch flooded, and still adversely impact the use of the areas - not to mention drowning the trees near the creek. The Commissioner was going to contact one of his Justice of the Peace buddies to see if a suit for action can be brought in small claims, but I haven't heard back from him on that; and I've called since he said he'd check on it.
The neighbors' admission was only in front of his wife, my wife and myself - no independent witnesses.
Come Monday I'll check into the title insurance and permits. Might take a while on those, but I'll take the first steps then.
vaskidmark Were you suggesting to have a Realtor do the research on the permit(s)?
-
Two routes to choose from. Nice and helpful neighbor, or call out the tile crawlers.
A couple years ago I was out deer hunting. A nice 4x4 mulie came into range. I shot first but missed (turns out what I thought was maybe 200-250 yards was more like a bit over 350). Another hunter then started firing, along with his son. I hit the deer first but not fatally - if I'd had the range right it would have been a perfect boiler room shot but instead went under the belly and hit a leg. The other guy got a neck shot and put it down. Rather than fight over the deer I let him have it and even helped drag it out. I got a quarter for my troubles, and am now friends with that guy and have a reputation of being a great dude to hunt around among all that guys buddies.
Take that story for whatever its worth.
-
If there was any advantage to leaving things as they are I'd do so. But all of the impact on my property is negative.
In my research I did find that the Texas Water Code, section 11.086, makes it unlawful for any person to divert the natural flow of waters or to impound surface waters in a manner that damages the property of others. That is a direct quote from the letter sent to the neighbor - and from the TWC.
BTW, the folks in charge over at Tex Water said they couldn't do anything. I have requested an inspection of the dam by the state, but they said they're pretty backed up and don't know if/when they can perform the inspection.
-
I never suggested leaving things as they are. The analgous reaction to that in the hunting story would have been to just walk off and never even talk to the other hunter.
-
vaskidmark Were you suggesting to have a Realtor do the research on the permit(s)?
If you are willing to pay them for their time and expertise, and they will take the job, then "Yes".
Realtors are more than real estate sales agents - just watch their commercials. =D
I am not an attorney, certainly I am not your attorney, and I just spent 5 minutes reading the Texas Water Code which may make me more or less versed than anybody in Texas regarding those laws. But, to my untrained mind you may have three courses of action:
§ 11.0842. ADMINISTRATIVE PENALTY. (a) If a person
violates this chapter, a rule or order adopted under this chapter or
Section 16.236 of this code, or a permit, certified filing, or
certificate of adjudication issued under this chapter, the
commission may assess an administrative penalty against that person
as provided by this section.
(b) The penalty may be in an amount not to exceed $5,000 for
each day the person is in violation of this chapter, the rule or
order adopted under this chapter, or the permit, certified filing,
or certificate of adjudication issued under this chapter. The
penalty may be in an amount not to exceed $1,000 for each day the
person is in violation of the rule or order adopted under Section
16.236 of this code. Each day a violation continues may be
considered a separate violation for purposes of penalty assessment.
File suit for a Writ of Mandamus to make the TWC asses the penalty(ies) allowed under this section.
§ 11.0843. FIELD CITATION. (a) Upon witnessing a
violation of this chapter or a rule or order or a water right issued
under this chapter, a watermaster or the watermaster's deputy, as
defined by commission rule, may issue the alleged violator a field
citation alleging that a violation has occurred
File suit for a Writ of Mandamus for the TWC to a) send a watermaster/watermaster's deputy to the property to witness the alleged violation and b) to then issue the field citation.
§ 11.086. OVERFLOW CAUSED BY DIVERSION OF WATER. (a) No
person may divert or impound the natural flow of surface waters in
this state, or permit a diversion or impounding by him to continue,
in a manner that damages the property of another by the overflow of
the water diverted or impounded.
(b) A person whose property is injured by an overflow of
water caused by an unlawful diversion or impounding has remedies at
law and in equity and may recover damages occasioned by the
overflow.
Pay out of pocket to mitigate and repair the damages and sue for recovery of costs (remedy in equity) and/or swear out warrants alleging intentional destrucyion of property or other acts as recognized by Texas law.
And we are still awaiting the arrival of Brad Johnson. Did anybody check the phone booth out in front of The Daily Planet?
stay safe.
-
Skid pretty much summed up what I was going to suggest. The TWC route will have the most teeth, it's just a matter of figuring out which way to best approach it. You might want to give your state rep a call and have him/her contact the TWC office. A call from a state senator carries a lot more weight than a call from Joe Citizen.
Brad
-
Detcord ...? ;)
-
Doesn't the Army Corps of Engineers have to sign off on dams and creek diversions?
My fathers neighbors dammed a creek and built a nice pond. This was on unincorporated land but the county eventually found it and came a knocking. I seem to recall the county making them get the Army Corps involved, checking it out as part of the process of keeping it in place.
May want to get them involved.
-
Doesn't the Army Corps of Engineers have to sign off on dams and creek diversions?
My fathers neighbors dammed a creek and built a nice pond. This was on unincorporated land but the county eventually found it and came a knocking. I seem to recall the county making them get the Army Corps involved, checking it out as part of the process of keeping it in place.
May want to get them involved.
I think the Army Corps only comes into play when the water way is navigable.
Do you have a department of environmental protection down there? or something like that? Is he damaging the breading grounds for some sort of endangered species? (red necked bud sucker)
Is it possible to send some debris (the dead trees) down stream in the next heavy rain that will damage the dam?
-
I could take him to small claims court. I'm not sure that I can sue in small claims for an action; I'm pretty sure he could only be sued for costs.
Correct; small claims can only get you recovery of actual damages. Even your labor would be hard to get reimbursed for there.
The neighbors' admission was only in front of his wife, my wife and myself - no independent witnesses.
Voice recorders are small and cheap, and in TX, only one party to a conversation has to know it's being recorded for it to be admissible. In a situation like this, proving that he was aware of the problem and did nothing about it would be the clincher for getting punitive damages. A recorded admission can be priceless.
-
Thanks for all the suggestions. Some I'll have to pass on; although I have thought of a few, shall we say, hi-powered options, it's probably best to follow more legal channels. Even sending trash downstream won't work, it'd have to pass through a 3' culvert pipe and travel around 100 yds. to get to the dam.
The paperwork from the purchase of this place is fairly handy, I'll spend part of tomorrow doing some more research.
I'm a bit hesitant to call in either my State Rep or Senator. The Commissioner might construe that as going over his head, which could cause problems with this and/or other situations. Then again, he has been dragging his feet. I knew we should have bought property on top of a mountain somewhere.......
Speaking of hesitating to call on someone, I think I'll stay away from the EPA for now. Certainly don't want to have the property classified as a "wetlands".
ETA: I'm tempted to contact his boss (the Chief LEO) (possibly anonymously) to inform him that one of his employees is in violation of the Tex Water Code. Don't know the boss at all, so I've no idea how he'd react to the info.
-
ETA: I'm tempted to contact his boss (the Chief LEO) (possibly anonymously) to inform him that one of his employees is in violation of the Tex Water Code. Don't know the boss at all, so I've no idea how he'd react to the info.
This is gererally a Bad ThingTM, unless you are reporting actual criminal wrongdoing*. It's also difficult these days to be truely anonymous, and since the dam thing has no relationship to neighbor's performance the boss may just tell him of the complaint and it would not be difficult to figure out who made it. It also has the ring of juvenile behavior.
stay safe.
*As best I can tell, most of the violations of TWC are civil, unless we are talking about TWC folks refusing to do their job.
-
Detcord ...? ;)
That wouldn't be....unprecedented.
Back in 1960s parts of my hometown flooded due to a lack of drainage culverts under the railroad tracks, which have a good six foot tall (and maybe higher) foundation under them in places. The railroad company either refused to do anything about it or didn't respond fast enough, so some miner got himself a heap of explosives and simply blew a hole in the tracks to release the water.
-
Where east of Dallas are you? Just curious, I live southeast of Dallas.
-
It also has the ring of juvenile behavior.
Curious criticism ...
-
I did some reading of the TX Water Code last night. Chapter 7, Enforcement has a lot of "the Commission may" statements but nothing definite on how the Code is to be enforced. Since they've already told me their policy is to not interfere in disputes between neighbors I believe that route is a dead end.
We're located about 10 miles north of Canton.
-
ETA: I'm tempted to contact his boss (the Chief LEO) (possibly anonymously) to inform him that one of his employees is in violation of the Tex Water Code. Don't know the boss at all, so I've no idea how he'd react to the info.
And how will he not immediately know that it was you?
Honesty and direct approach always best.
-
Truthfully, I'm about pissed enough to walk in and make a report in person. Figure that as an officer of the law the Chief should be interested.
Of course, his being "interested" would be in a perfect world. Taking personalities and politics into consideration, making a report probably wouldn't bring about the desired outcome.
-
Forget going to his boss. Nothing good will happen there. You have three possible courses of action:
1. Go and make yourself a flaming PITA at the TWC. Continue to dance on bureaucrat's desk(s) until one takes action. Threaten to bring in the media/press/TV if "Something Isn't Done!" (Do as VA said and check permits, if the dam is incorrectly built as to the permit, that's a huge problem, If the county doesn't do anything, you may then to directly to #3 below.)
2. If 1. above doesn't work, threaten to go to your State Rep/Senator about how they are not doing their job.
3. There is always the Army Corps of Engineers. The have jurisdiction over every "navigable waterway"(#) in the US. They get real pissy when people screw with "Navigable Waterways". Don't ask me how I know.
(#) "Navigable Waterway" being anything slightly larger then a car park puddle, although they may well be included. IIRC, from my dealing with the ACE, anything that's squishy more than it is dry is a "Navigable Waterway".
-
I shouldn't have even brought up the Police Chief. My better half had already put the kabosh on it, even after 20+ years she's still trying to civilize me.
I suppose that one person, loud enough and with enough time, could possibly get a State organization to change their policy.
-
n email to the obvious folks with a cc to various newpapers etc sometimes generate activity. even more if you get a reporter to make a followup call
-
The creek I spoke of earlier is smaller than the one you describe.
The Army Corps of Engineers were very much involved in determining the impact of the illegally built dam (or demanding the impact be studied or determined).
If there is flooding caused by the dam they may very well be interested in knowing.
-
They very well might be interested. Can't know for sure until I contact them.
Shouldn't be too hard to dig up their contact info. Think I'll write them either a letter or email rather than calling, I prefer matters such as this be done in writing.
-
I did some reading of the TX Water Code last night. Chapter 7, Enforcement has a lot of "the Commission may" statements but nothing definite on how the Code is to be enforced. Since they've already told me their policy is to not interfere in disputes between neighbors I believe that route is a dead end.
We're located about 10 miles north of Canton.
I have some friends in the Law Enforcement profession in and around Forney and Rockwall. My house is off I-20 near Forney (Kaufman county). I can ask around if you'd like.
-
If you don't mind, I'd appreciate the help.
We must drive past your place at least once a month, heading into Mesquite and/or Duncanville. Whenever possible, I like to shop the Lowe's in Forney.
-
I did some reading of the TX Water Code last night. Chapter 7, Enforcement has a lot of "the Commission may" statements but nothing definite on how the Code is to be enforced. Since they've already told me their policy is to not interfere in disputes between neighbors I believe that route is a dead end.
The word /may/ is enabling legislation which allows the TWC to do something - most boards/commissions/agencies/etc need legislative permission to a) exist and b) do whatever it is they were created to do.
File suit for a Writ of Mandamus for the TWC to a) send a watermaster/watermaster's deputy to the property to witness the alleged violation and b) to then issue the field citation.
Please do not make me come over there and school you on what this is and how to file for one. Just know it's the thing that makes the TWC get up off its collective backside and get involved in disputes between neighbors or pay contempt of court fines.
stay safe.
-
Meh. If one is going to start filing suit in an attempt to force a gov't agency to make a determination--that may or may not be in conformance with one's own thoughts on the matter--and issue a citation and require someone to cease their continual trespass on one's property, one may as well bite the bullet and sue for the trespass, no?
Messing about with state and federal agencies that exist for a whole slew of reasons that do not include resolving boundary disputes between neighbors is playing with fire, or at least a whole lot of non-productive running in circles.
-
I had thought of filing trespass charges with the Sheriff. If I'm not mistaken, that would result in criminal charges rather than this remaining a civil matter. Neither my wife nor I want to go that route until all civil remedies have been exhausted.
-
The following is not advice on your situation. I do not have any advice on what you should do. However...
Trespass can be a criminal action or a civil action. Trespass is an intentional tort, and one can generally sue for it (or its local statutory equivalent) in most general civil courts. Trespass is also a crime, and one can ask law enforcement/the prosecutor to try someone for it. If one files a complaint for trespass with the proper civil court, one is seeking damages for tortious actions by the trespasser.
Civil trespass may be way easier to commit and to prove than criminal trespass, as criminal trespass statutes may require some degree of malice/ill-intent, or notice, or other requirements. The common law of trespass (which may or may not be superseded by state statutes that may or may not mirror the common law) requires only the unauthorized entering or causing something to enter onto someone else's property through an intentional act. An "intentional act" does not mean "intention to contravene someone else's rights or stated will" or anything like that. It means having intentionally pulled the trigger of the gun that sent a bullet onto the property, or intentionally taking the step that crossed over the boundary.
Common defenses against a suit for tortious (aka civil) trespass are adverse possession, acquiescence, their local statutory equivalents, and various types of easements. Whether these apply or not depends on state law and the history of the properties.
I am not a licensed Texas attorney, the above is a description of the general state of the common law as it relates to some aspects of property. It may or may not apply to your situation, and I cannot make any determination or offer any advice on if or how it applies. The above is not legal advice and should not be construed as such. At all. Ever. Really. Now if that's not a sufficient disclaimer, I don't know what is. :laugh:
-
No one can see BR's arse now. It has been covered.
And this:
My better half had already put the kabosh on it, even after 20+ years she's still trying to civilize me.
If we didn't remain optimistic, we'd never make it 20-something years. =D
-
I recently sent the neighbor what basically amounted to a "cease & desist" letter which he ignored.
The only lawyer I talked to said it would cost at least $250 for a "cease & desist" letter from him and if we went to court it would require a $5,000 retainer and $250 per hour. Way out of my ability to pay.
It might be worth talking to a few other lawyers. Those fees aren't unreasonable, but there may be someone that is willing to do it for less.
-
What are the drainage laws in your state?
In Iowa you can't impede someone's drainage.
-
What are the drainage laws in your state?
Basically, one can construct a dam that retains less than 200 acre-feet of water without a permit; but the water must be contained on their property and can not impact any other persons' property.
ETA:
No one can see BR's arse now. It has been covered.
Thoroughly :)
-
Have you thought about running for County Commissioner...since yours won't do his job. Aren't you a constituent as well, and isn't a county road being impacted by the neighbor's dam? It sounds like you have made every attempt to be a nice guy about it...doesn't seem to be working though. May be time to step it up a notch.
-
There is an election for County Commissioner coming up later this year. There are a couple reasons I'd rather not even try for the office: it's an "Old Boy" network out here, and I really don't want to be a politician! shudder!
I've been reading up on filing a Writ of Mandamus at http://www.ehow.com/how_5114293_file-petition-writ-mandate.html
I've also been reading (too much) of the TX Water Code, and re-reading their response to my last letter. In my letter I'd mentioned "rainwater runoff", in their response they stated that "rainwater runoff" isn't considered "waters of the state". Section 11.021 of the Code states that "The water of the ordinary flow,.........and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state." Seems to me that means "rainwater runoff" would in fact be considered "waters of the state".
I've drafted another letter to TCEQ quoting the above definition and requesting they at least send a representative out to review the situation. Who knows, a "visit" from one of their rep's just might be enough to get the neighbor off his duff.
In the meantime, I'll still be working on some of the other suggestions; title insurance, lawyers, filings, etc.
-
Grow some rice?
-
How hard/expensive woud it be to just fill in that bend of the creek and shove the water all back over onto your neighbor's property ???
-
Due to the lay of the land, it would be impossible to dam the creek at any location and divert the water onto his property. Well, maybe not impossible, but it would require destroying most of the wooded area and building a levee along the entire fence line.
Even then the water would still end up in his pond and backup onto my property, because I can't block off the county drainage ditch and the culvert pipe under the road.
We've thought of different water plants that might be planted in the flooded area. Unfortunately, the area is covered in duck weed, which is very invasive and very difficult to control - it'd most likely kill off whatever we planted there. And there would still be a portion of our property that's basically inaccessible.
-
We've thought of different water plants that might be planted in the flooded area. Unfortunately, the area is covered in duck weed, which is very invasive and very difficult to control - it'd most likely kill off whatever we planted there. And there would still be a portion of our property that's basically inaccessible.
Pecans love annual flood plains. Not sure how they'd do in what amounts to a vernal pool, though.
-
The pecan trees are going in the corner diagonal to the flooded area. DW plans for 5 or 6 trees, at least for now, could end up being more.
-
Pecans love annual flood plains. Not sure how they'd do in what amounts to a vernal pool, though.
So do black and sandbar willows.
-
Are you in Van Zandt or Kaufman county? Stetson and I have got together for shooting before, maybe you could host us and we could bring my 30 ml over and use that dam for a backstop? I don't really have a 30 ml, but from reading the news you'd think all my 30 cal's were 30 ml's...and a 30 ml would make short work of that dam.
-
In our part of Van Zandt Co. there's a lot of target shooting going on and nobody says a thing. Although there just might be something said if the bangs got too big and others' property started getting damaged.
Not that I haven't thought of using the overflow pipes for target practice....
-
Are you in Van Zandt or Kaufman county? Stetson and I have got together for shooting before, maybe you could host us and we could bring my 30 ml over and use that dam for a backstop? I don't really have a 30 ml, but from reading the news you'd think all my 30 cal's were 30 ml's...and a 30 ml would make short work of that dam.
30 ml?
-
30 ml?
It's an A10 cannon.
-
It's an A10 cannon.
I thought it was about 1 fluid ounce. ;/
-
I thought it was about 1 fluid ounce. ;/
Note to self. Either get your abbreviations right the first time, or learn to recognize snark better.
30 millimeter was what I meant.
-
I thought it was about 1 fluid ounce. ;/
Actually a little more, slightly
-
Note to self. Either get your abbreviations right the first time, or learn to recognize snark better.
30 millimeter was what I meant.
I thought you were talking about something I'd never heard of.
It would be interesting to see what a 30mm would do to a large pile of dirt.
-
I thought you were talking about something I'd never heard of.
It would be interesting to see what a 30mm would do to a large pile of dirt.
Or a 2400 caliber backhoe bucket ;)
-
Well, after more than a year of phone calls, letter writing and in person conversations, the TCEQ finally showed up - after only one appointment cancellation!
Last January, I was able to get in touch with the new County Commissioner, (had to wait until he'd taken office after the Nov election). After a letter and a couple phone conversations he came out to look over the situation. He, as so many others, said it wasn't his job. But he did call the TCEQ and ask them why they wouldn't take action.
That's what prompted the TCEQ rep to call me. We chatted on the phone a couple times (a pattern has formed), and I faxed over my two letters to another gent there, along with his one response. Three weeks later (April 2) he made it here. We talked & walked, he took pictures of the flooded area and two areas of my property that are inaccessible due to the flooding. As he was leaving, he drove down the road and took pictures of the neighbors' property & pond. He also stopped and talked with the neighbor.
I don't know what the neighbor told the TCEQ rep, but I'm betting it wasn't 100% honest. I'm assuming that due to what the lady neighbor said when she called later that evening - a lot of what she relayed from her husband was either a different story from what he's been telling me all along or was a complete and utter lie.
The TCEQ rep said he'd have to file a report with his superiors and didn't know how long it would take for a decision to be made.
So far I've annoyed two County Commissioners and their secretaries, two TCEQ rep's and two Soil Conservation rep's (one of them twice). And I've pissed off the neighbor & his wife, which could have serious ramifications later on if/when he/they decide to "get even" (since they're both cops, it could be bad). And, last but certainly not least, my dear wife is royally pissed at both the neighbor and me. Sigh.
-
Can I vote for sell the property? This whole getting even thing doesn't sound worth the eventual possible outcomes.
-
bad neighbors suck! (at least, that's what all my neighbors keep telling me ;/ )
I don't know what the neighbor told the TCEQ rep, but I'm betting it wasn't 100% honest. I'm assuming that due to what the lady neighbor said when she called later that evening - a lot of what she relayed from her husband was either a different story from what he's been telling me all along or was a complete and utter lie.
details?
-
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.
-
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.
Don't sugarcoat it. It's better if he knows what he's in for.
stay safe.
-
That's why I vote for move. The legal standard for "he needed killin" at the end game is going to be much higher since he is part of the "justice" system.
I've been in the documented death threats with neighbors game. So far, I rate it as fun, they apparently aren't equipped for people who don't give a damn about their hot words. I was always pleasant, friendly and within arm's reach of a gun.
-
Wonder if the Army Corps of Eng would be interested?. ???
-
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.
^^^ QFT.
Sell. There are some battles that you can't afford to win OR lose.
-
details?
Let's see, there was the story about how the pond came to be. The original story, as told to me when we first started discussing the problem, was that the previous owner had the dam rebuilt 'cause it was deteriorating. The new story is that the county and prior owner agreed to have the pond built by the county to alleviate flooding of the road on the far side of their property. I have a hard time believing that for a couple reasons: the higher level of water behind the dam actually contributes to more frequent flooding of the road on this side of their property; and the amount of water flowing under the far road is the same amount once their pond fills. At most it might keep the far side road from flooding for the first rain of the year.
I'd written him basically a cease and desist letter months ago. For the following few months my wife and I would acknowledge his presence by waving, etc. when we'd see him - he'd never return the courtesy. The last time we were driving in different directions, closing at about 15mph. He saw us. He deliberately turned his head away. Seems he told his wife that we were/are the ones who won't acknowledge him.
He's blaming our pond for the flooding. Not possible. There is some minor seepage from our pond, just enough to keep the ground wet at the base of the berm. Certainly not enough to flow 100 yards downstream and create a 2' deep pool that then flows under the road and into his pond. If the seepage from my pond flowed that much water the pond would be empty in less than a day.
He's awaiting a report from Soil Conservation on what to do. Hard to believe, since they told me the problem is none of their business and they're not going to do anything about it. Two agents from Soil Conservation told me that on 3 different occasions.
And, unrelated to this, he's bragged in the past about how many CHL's he'd been instrumental in having revoked.
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.
Here I'd been worrying about things like harassing traffic stops and such. You are correct, he can do quite a bit more than just that.
As for selling, it'd be hard to sell with part of the property flooded and other parts inaccessible due to the flooding. We didn't see it when we bought the place, that entire area was seriously overgrown. Two large trees had fallen in that area and I didn't find them until almost a year after we moved in.
DW has been looking at other properties online lately, mainly 'cause she'd like to be closer to a city. May end up being that we'll full-time it in the motorhome again for a while.
-
Used to be that living next to a cop was a good thing =(
-
Yeah, it used to be that way. Oh well, times change.
Figure I'll be here until either DW has had enough of country living or I can't keep up with the yard work, which will most likely be when they're ready to plant me. On the whole, I like this place and ain't leaving until absolutely necessary.
-
Know anyone into radio controlled aircraft into aerial photography? It would be interesting to see the whole deal from up high before and after a heavy rain. With some of the nice cameras, now, you don't have to go over his property to get good images of things like flooding.
-
No, I don't. One of these days I'll have the time & working area to get mine back in the air, but this will (hopefully) be done and over with by then. It'd sure be nice to have some overhead views.
I might could get a pic or two from ground level that would give an idea of what's happening. Don't have to wait for a heavy rain. The area's flooded 12 months out of the year, except for the last couple years when there's been such a serious drought, then it's dried up for about a month and a half at the end of the summer.
-
How you doing Cliffh? Keeping the peace with the local thugs?
-
Sort of. It's about 50/50.
Standing in line at the store this evening and heard the lady neighbor say "Hello Cliff". Turned to see both of them standing a few feet away, said Hi, and he turned and walked off without saying a thing. And my wife had to call over there this evening. A gent stopped by to say some of the neighbor's cattle were in the road, but he couldn't tell the neighbor 'cause his driveway gate was closed. Personally, I say piss on the bastard and let his cattle run off - but my wife's a better person than I.
I was thinking of this problem this afternoon - after I noticed that another one of our trees has fallen across the creek. Seems it's died, most likely from having it's roots constantly wet.
Still haven't been able to come up with the $5,000 retainer, so taking him to court isn't happening for a while yet. My plans are to write both the state rep & senator about how the state water folks (TCEQ) won't do anything about the flooding and see if one or both of them might be able to light a fire under the TCEQ. Not going to hold my breath on that working.
-
I wrote and sent letters to both the state Senator and Representative, asking what would have to be done to get TCEQ to do their job.
There's a very helpful lady working in the Rep's office, we've talked before on other matters. She called the day after I mailed the letters to let me know she'd tried contacting TCEQ and was awaiting their call. She called again today after speaking with the TCEQ rep. The news was not good, but what I'd expected (and had told the nice lady would probably be their response).
The story she heard was changed a bit from what they'd told me. This time it was that, since impounding water for ag or livestock use doesn't require a permit, they (TCEQ) can't do anything.
Time to start a push for (shudder) more legislation requiring TCEQ to enforce all of the TX water codes, not just the ones they feel like.
-
Still haven't been able to come up with the $5,000 retainer, so taking him to court isn't happening for a while yet. My plans are to write both the state rep & senator about how the state water folks (TCEQ) won't do anything about the flooding and see if one or both of them might be able to light a fire under the TCEQ. Not going to hold my breath on that working.
it really irks me that the legal system is set up to ensure the use of attorneys on both sides. one would think that any individual could research the code/lawbook, and be able to present their case to a fair judge and get an unbiased ruling.
-
The guild doesn't want that. Hence, that why the laws, as written by lawyers is vague and complicated. Job security and all. "The law is complicated and obtuse, you need at lawyer to win."
-
it really irks me that the legal system is set up to ensure the use of attorneys on both sides. one would think that any individual could research the code/lawbook, and be able to present their case to a fair judge and get an unbiased ruling.
I was thinking the exact same thing this afternoon. I've got a bit of evidence collected already, and ideas of some other to look for, but I doubt I'd get very far in a courtroom without representation. Especially since he's sure to show with an attorney.