IM FURIOUS
#1
IM FURIOUS
I am currently leasing some land from a friend of my families. They live in Virginia and dont use it. I recently recieved a call from them telling me to go down to the lease immediately. I got off duty that afternoon and took the 20 minute drive to my lease. There were hazmat, state police, county police, and DNR(WLF) agents everywhere.
There is a pipeline that goes through the lease. It's owned by DOW chemical. The guy who owns the lot next to me noticed that the water in his pond was tainted. He called the officials and they traced the leak back to my lease. They have basically told me that there was a GIGANTIC leak and had tainted all of the drinking/well water in the area. Wildlife biologists were inspecting the game and hazmat was trying to clean it up. They said they would call me when it got taken care of, which could be as long as 3 months! They basically told me not to go back on the property.
Is there anyway I can make them pay for another lease? I'm probly gonna go down to the Internal Affairs office and ask to see a JAG tomorrow.
There is a pipeline that goes through the lease. It's owned by DOW chemical. The guy who owns the lot next to me noticed that the water in his pond was tainted. He called the officials and they traced the leak back to my lease. They have basically told me that there was a GIGANTIC leak and had tainted all of the drinking/well water in the area. Wildlife biologists were inspecting the game and hazmat was trying to clean it up. They said they would call me when it got taken care of, which could be as long as 3 months! They basically told me not to go back on the property.
Is there anyway I can make them pay for another lease? I'm probly gonna go down to the Internal Affairs office and ask to see a JAG tomorrow.
#5
Spike
Join Date: Feb 2006
Location:
Posts: 68
RE: IM FURIOUS
I would go see the person who leased the property to you and get my money back. You can't make them pay for another lease elsewhere but they should return your money, after all you leased it for this season and now you can't use it for 3 or more months. If the person who leased it doesen't return your money I would take them to small claims court. I'm sure any judge who heres this case will side with you and make them repay you plus they may have to also pay court costs.
#6
Boone & Crockett
Join Date: Feb 2003
Location: Ponce de Leon Florida USA
Posts: 10,079
RE: IM FURIOUS
I would be curious what the contract that the landowner has from Dow Chemical says concerning spills. I would guess the landowners have already contacted a good lawyer and if they are a friends family not only will they be well compensated, but payment of your lease money should be a small concern. Talk to them, and possibly have your JAG lawyer speak to their lawyer.
#8
Typical Buck
Join Date: Jan 2007
Location: Indiana
Posts: 585
RE: IM FURIOUS
Is there an actuall lease contract you have signed. I would think that if it states you have the land for hunting and its not available to you to hunt you should get your money back. Also is DOW paying this guy anything to run the pipeline on the land? (we dont have the lines in IN so I am not sure how that works.)
#9
Spike
Join Date: Nov 2005
Location: Indy
Posts: 61
RE: IM FURIOUS
What state is the land in? and what was released from the pipeline?
If they are a friend of the family, you should be able to work something out so you don't get screwed. DOW is in for some major $$$, and your lease will be pennies to them.
Oh, and I have more bad news for you - if it is as bad as it sounds, forget 3 months. All that will cover is the repair of the pipeline, the excavation of some of the contaminated soil, and maybe part of the initial assessment. If this release has already contaminated groundwater in the area, and made it's way up to the surface water too, the site won't be remediated in 3 years.
If they are a friend of the family, you should be able to work something out so you don't get screwed. DOW is in for some major $$$, and your lease will be pennies to them.
Oh, and I have more bad news for you - if it is as bad as it sounds, forget 3 months. All that will cover is the repair of the pipeline, the excavation of some of the contaminated soil, and maybe part of the initial assessment. If this release has already contaminated groundwater in the area, and made it's way up to the surface water too, the site won't be remediated in 3 years.
#10
Fork Horn
Join Date: Feb 2003
Location: Woodbridge, Virginia
Posts: 427
RE: IM FURIOUS
Where is VA are you? After speaking with you JAG Officer, I would try to contact DOW and explain you issue and see if they have other land in the area that you could hunt. They are in for a monster law suit and might want a little bit of good will getting out about now.