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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. |
RE: IM FURIOUS
Oh man... that's horrible! Sorry to hear about that bro... What was the leak, asbestos?
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RE: IM FURIOUS
I have no clue. They wouldnt even let me through the gate.
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RE: IM FURIOUS
Man thats a total Bummer.And to tell the truth I would say you are SOL recooping any of your loss for years.
big rockpile |
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.
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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.
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RE: IM FURIOUS
Where in VA????????????
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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.)
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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. |
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.
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RE: IM FURIOUS
doc's orignial post said he leased the land from people that live in VA - it did not state the land is in VA.
how much land is leased? and do you know what the affected area of the release is? |
RE: IM FURIOUS
ORIGINAL: Chris_H Oh man... that's horrible! Sorry to hear about that bro... What was the leak, asbestos? I'm thinking a chlorinated solvent or some petro-chemical; however, there is no telling w/ a chemcial manufacturer like DOW. |
RE: IM FURIOUS
It turns out that the spill was even worse than they hed first imagined. The lease land is in Louisiana. The landowner did not have a lease for the pipeline land because the previous landowner signed a 10 year lease with Dow chemical and it is only 7 Years into it.
The IA JAG told me that there was nothing he could do since he was a federal trial lawyer. I'm trying to cantact a state lawyer for a consult, but I'm running on a fairly low pay check, so I'm looking for someone to do it for free/cheap. ITS NOT EASY. I don;t want to take the landowners to court because their friends ofmyfamily. |
RE: IM FURIOUS
The closest town to my land is about a 45 minute drive. I lease 820 acres, but the landowner next to me has 300-400(He told me but I forgot). He was kicked off of his property also. The hunting club across the highway from me were allowed to stay on their land, but I think that the DNR is still evaluating the effects on the wildlife over there.
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RE: IM FURIOUS
Any update?
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RE: IM FURIOUS
ORIGINAL: Chris_H Oh man... that's horrible! Sorry to hear about that bro... What was the leak, asbestos? And 36fan is correct, if it was a major release, then the soil will more than likely need to be excavated and if the groundwater is contaminated, then DOW will have to pay for the remediation process, which could take years. |
RE: IM FURIOUS
My advise is to hunt out of state.
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RE: IM FURIOUS
wow
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RE: IM FURIOUS
that really sucks....hope things work out for ya...
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RE: IM FURIOUS
I can not blame you for being furious I would be too. [:@]I hope that this gets taken care of rather quickly and That Dow Chemical has to pay for the cost of it all. Good luck with this....
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RE: IM FURIOUS
As a former pipe line enspecter and land man for a major pipe line. I can tell you the land owner needs to see a lawyer dow is respondable for all damage present and future lost. And as for the lease you have a case too IM are e-mail me.
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