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Oklahoma Environmental Questions & Answers
2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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1 Answer | Asked in Business Law, Construction Law, Criminal Law and Environmental for Oklahoma on
Q: What is the law about distance of a dispensary to a baseball field in Oklahoma?

Distance of baseball field to dispensary

Charles Watts
Charles Watts answered on Sep 7, 2021

There is not one. The limitation is in reference to a public or private school, so unless this baseball field is on school property, then there is no restriction currently.

1 Answer | Asked in Environmental for Oklahoma on
Q: what are the recourse from drinking water with cancer causing agents all of our lives now people are dying 30 years

before time span of numerous types of cancers, autoimmune diseases, lupus,diabetes,esrd with dialyses, strokes

many in multiple families as well as neighborhoods, this is uncanny and cannot no longer be overlooked. i have done research and this has been going on for over 30 plus years. this... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 31, 2019

These types of cases tend to be complex and expensive to prosecute. They can involve the testimony of costly scientific experts, and require analytical tests of drinking water and other resources that were subject to contamination. As a first step, you could consult with an environmental/toxic tort... Read more »

1 Answer | Asked in Environmental for Oklahoma on
Q: people is dying at astronimical rates with all types of cancers,esrd, strokes etc.- vastly in certain neighborhoods,

i have done some research and found a common demominator which is cancer agents in water supply, i am sure there are many more common denominators-what is my recourse to handle this situation with justice

Tim Akpinar
Tim Akpinar answered on Jan 24, 2019

The situation you describe sounds like cancer clusters or disease clusters, where the incidence of disease, illness, cancer appears in certain geographic regions. As a starting point, you could consult with an attorney who handles environmental/toxic tort cases, meaning that the attorney would have... Read more »

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Q: Public nuisance codes in small town stonrwall,OK.74871
Richard Winblad
Richard Winblad answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: How can we stop our neighbor from nuisance burning trash?

We live outside city limits near Enid, Oklahoma and our neighbor burns hay that has been soaked in goat urine and feces as well as burning her household trash every day. The piles are burning and/or smoldering constantly and the smell is horrible. Our home, clothes, cars, and even hair smell like... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 18, 2017

Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.

1 Answer | Asked in Environmental for Oklahoma on
Q: What environmental laws affect probate

A Metal Planting operation has closed after 45 years in operation; the original owner died, and the sons are selling the property. Are there any environmental laws related to this matter?

Howard Berkson
Howard Berkson answered on Dec 23, 2013

The landowner still has liability for any environmental hazards posed by the 45 year old plating operation. A potential buyer may require cleanup or evidence of no hazards before buying.

1 Answer | Asked in Environmental for Oklahoma on
Q: Does oil or gas companies have the right to draw water out of muddy boggy river
Howard Berkson
Howard Berkson answered on Oct 26, 2013

That normally depends on the lease provisions but there are statutes, regulations, and case law that apply to the mineral owner's use of the surface. You should consult with an attorney.

1 Answer | Asked in Environmental for Oklahoma on
Q: What is the definition of clean lumber?
Howard Berkson
Howard Berkson answered on Oct 26, 2013

"Clean lumber" is defined by the Oklahoma Department of Environmental Quality. "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted,... Read more »

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