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1 Answer | Asked in Environmental and Criminal Law on
Q: 36 CFR 2.13 (a) (1). I neither lit nor maintained the fire, so I am planning on fighting it.

Curious if it would stay on my record if I were to simply pay the fine. Not sure what the court process is like...

-Will I be orally explaining/defending my lack of involvement of the lighting/maintenance of the fire?

-Is it likely the officer will be present?

-I've... View More

James L. Arrasmith
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answered on Mar 2, 2023

36 CFR 2.13(a)(1) refers to the regulations on careless or reckless conduct with fire. If you were issued a citation under this regulation, paying the fine may result in a conviction being entered on your record. However, if you believe you are not guilty, you have the option to contest the... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... View More

1 Answer | Asked in Real Estate Law, Tax Law and Environmental for Tennessee on
Q: Would a trust or live real estate (lifetime dowry) be a better option?

200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... View More

Anthony M. Avery
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answered on Feb 20, 2023

Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... View More

1 Answer | Asked in Family Law, Civil Rights and Environmental for Ohio on
Q: My step mom is not the very nicest person and she likes to yell and degrade me. i dont know what to do

She has threaten to take my door off the hinges and scream at me for saying she is invading my privacy as a human. She screams at me saying that my privacy doesnt matter because it is her house. She has gaslighted me multiple times and she refuses to give me money out of MY OWN bank account so i... View More

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

Talk to your father. Ohio does not allow emancipation of a minor in such situations.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Contracts, Agricultural Law, Energy, Oil and Gas and Environmental for Kentucky on
Q: Does electric company have the right to come on my KY farm & cut blueberry bushes. Can't find any easement back to 1961.

Not recorded on my deed and I searched back to 1961.

Timothy Denison
Timothy Denison
answered on Jan 12, 2023

I’d search it back further than 1961, but if there’s no easement, they have no right to enter or use your property.

1 Answer | Asked in Environmental and Personal Injury for Texas on
Q: I want an attorney that is brave enough to go against Falls County and Marlin Texas for their water contaminants?

Marlin Texas and Falls County has more contaminants and higher levels than lake lejeune or Flint. 21 contaminants 11 toxic and a lot of people dead with cancer.

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

This isn’t a question of bravery. Mass toxic tort cases like this require the time of multiple legal professionals probably for a period of 2-3 years.

It’s a question of finding plaintiffs who have been effected by the toxicity of the water who have the financial resources to fund...
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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Texas on
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold

The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen... View More

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here.... View More

1 Answer | Asked in Estate Planning, Environmental and Native American Law for Kentucky on
Q: If I wanted to donate land to an Indigenous tribe, where would I start?
Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Research the various tribes, determine to whom you want to donate the land and then transfer the property to the donee.

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... View More

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... View More

1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... View More

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... View More

1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... View More

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental on
Q: I lived beside a river from the site of illegal toxic dumping. After admitting this guilty in USA. Can I sue in Canada?

They have been found guilty in the United States court after they admitted to dumping toxic untreated chemicals directly into the columbia river. It was significant enough that it flowed into the United States and poisoned a whole village. I lived across the river from the site these chemicals... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

This is something that should be discussed with attorneys who practice in Canada. Good luck

1 Answer | Asked in Environmental, Landlord - Tenant and Personal Injury for Arizona on
Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.

I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested.

What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for... View More

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like... View More

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