lots of erosion! what to do, what to do...

   / lots of erosion! what to do, what to do... #51  
Great advice tractor Seabee, some of proposed repair work seems excessive and may not be reimbursed

Yeah Streetcar, I have been having a problem sorting out all of Boggen's information; he has posted a lot of rhetoric that seems disjointed. Right in the beginning I detected he needed engineer assistance from a PE that specializes in looking at problems from a forensic view. I have been involved in cases where their was no clear path to the conclusion and seen Judges castigate both sides for their lack of preparation. I remember one case where the judge flat out told a lawyer to get a license as an engineer before trying to explain an engineering solution without an expert witness as he dismissed the case. That was a case far more complicated than Boggen's as it involved a federal construction contract. It is hard to out lawyer the Feds. I do know lawyers that have an engineer license as well and they are in great demand.

Ron
 
   / lots of erosion! what to do, what to do... #52  
I know what I would do. My #1 priority would be dealing with my neighbor and see what he/she is going to do about the damage and removing the drain tile from my property.

+1 and knowing that a lawyer will be the next step with the background of how the neighbor handled this originally.
 
   / lots of erosion! what to do, what to do...
  • Thread Starter
#53  
that one time, doing, for final amount, and covering issues, is a pain, but working towards it.

waiting for appointment for 3rd lawyer.

already on search for expert witness/s to see amount it will cost for said type of expert to go through the property. have some names and types of experts, but keeping it low key for now.

============
sorry for dis-jointed, most information is document. and just giving bits here on forum.

for example document i am keeping information in.

fence line
--find documents, and pictures from when installing it to show proof, it is my half of fence line.
--showing pictures, taking measurements of fence line.
--finding law and government body that has control over given law and have document in hand.
--get bid estimate to fix fence.

driveway were drain tile went through
--finding documents of what it was like before hand, and when i did major work on area.
--showing pictures, taking measurements. explaining what is being looked at in pictures.
--finding any laws to driveway / access to property
--get bid estimate to fix driveway / ditches for it. that work with rest of driveway in how it is maintained.
--get pictures /video of vehicle going through it. to help show mess.
--get pictures / video while it is raining.

tillable land loss
--measure neighbors drain tile and location on property.
--figure out loss of tillable land, not just were drain tile is located, but extra loss of tillable land due to larger / longer width machinery.
--taking pictures
--looking up records for cost of crops.
--looking up laws pertaining to crop loss.

neighbors drain tile to lake in the grass waterway
--measure it out, take pictures,
--look at possible options to fix issues, and get estimates of what is recommended. to fix issues but also additional costs that i may see.
--check laws for it

my lake
a)erosion of shore/banks on lake
--get pictures of it, along with measurements.
--find other cases of it.
--find laws about it.
--look at options of what can be done to fix issues.
--get estimates of what is recommended to fix issues.

b)bridge, what needs to be done with it,
--cost of repairing it, and/or replacing it. (has been a challenge, no one wants to deal with it, as soon as they here bridge or lake)
--finding old pictures of it.
--finding laws for it.

c)dock
--cost of disconnect and reconnect to bank/shore, in order to fix issues of bank/shore under it.
--find laws about it.
--pictures, and measurements for it.

d) overflow on lake
--get pictures of it, with and without it plugged up (grumbles)
--get measurements of it.
--get pictures of additional beefing it up. to make sure clogs do no happen temporarily.

e) being able to pull bass boat / paddle boat up on shore
--beach, to retaining walls, to bunks (rails), to lifts, to concrete ramp, to other, to find out what would actually work.
--fix bass boat front end. (grumbles)

e) over all
--what needs to be done and how it will mostly likely happen to get done, taken into account. (most likely cheapest easy way for given company)
--crop loss for larger machinery to get around lake and each other.
--dealing with all the hills, and smooth it out, re planting grass seed, and blowing with straw, wait for grass to grow in, and then fix erosion issues, and re-seed again.
--dealing with cost of trees that most likely will need to be removed to fix lake shore/banks. both in removing them, and dealing with the trees/branches/root balls, but getting a tree.

pasture (overflow pipe on lake (end of pipe), to culvert crossing, through marsh, to creek. )
--getting estimates to fix issues, and options to fix issues.
--getting pictures,
--dealing with a "marsh/wet land" area in pasture were water goes through before creek.
--dealing with getting access to front portion of pasture as well.
--looking up laws. checking government agencies with any issues more so (marsh area)
--dealing with only access down into pasture (hill) and damages that will occur to hill/driveway area, just running larger machinery up and down it. any little rut and you will get stuck in any vehicle or less tractor, or maybe atv or utv. (been there done that getting stuck).

lake quality and clarity issues
--algae, moss, surface scum = DOC's (dissolved organic compounds)
--looking to see what needs to be done... chemicals, to physical removal, to aeration, to other.
--windmills, you can buy the kits, but need to setup yourself. PHD, concrete, and full assemble of windmill not included.
--looking to see what needs to be done, not just for short term, but long term, until all is fixed/repaired and erosion has been brought back under control.
--pond test kits
--pond clarity device. (meh forget name of it right now)

trespassing
--looking up laws for it
--finding pictures that were taken as they were put up on multipule occasions over the years. (a previous owner of neighbors property, was nightmare)
--finding pictures and showing only access to property and needing to go through locked gate with no trespassing sign on it.

looking at over all landscape, and elevations of properties, both my own and neighbors.
--making sure any high spots, low spots are accounted for and were run off water goes, and drain tile are accounted for. to show these spots are not reason for erosion.
--take pictures of it all.

what final outcome do i want.

finding a lawyer, and costs.

finding expert witness costs

re-looking at each issue along the way making sure everything is covered, or have yet to get covered. it is not all pure black and white, lots of gray, with pro's to con's to each solution.

==========
starting to get less over whelmed, as things are finally starting to come together.
 
   / lots of erosion! what to do, what to do... #54  
Boggen
If your land is not the natural low point, do you know why neighbor would run tile on your property
 
   / lots of erosion! what to do, what to do...
  • Thread Starter
#55  
Boggen
If your land is not the natural low point, do you know why neighbor would run tile on your property

going to wait till i get things done with expert, for final call. but my own knowledge of neighbors property.

they saw a low spot on my property and went for it vs
--running drain tile to another side of their property
--and/or using smaller multiple drain lines to keep drain tile on their property vs using larger main pipe lines that were ran.
--and/or running drain tile on other neighbors properties
--and/or putting in a grass waterway on their property to run drain tiles into and feed grass waterway to some place.
--there are other low spots around neighbors property and on neighbors property drain tiles could have been ran. without drastically changing watersheds, so same amount of water went in all directions that it use to flow via surface run off water.

all other edges of their property are lower. mine is level for most part. the low spot they shot for, only drained i would guess to say 5 acres of neighbors property. (purely guessing) it was not much area if any surface run off coming from neighbor property.

they dumped the drain tile on me along with the water, and hoped to get away with it. vs going through it legally.
 

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