Get free answers to your Environmental legal questions from lawyers in your area.
Your current state is Ohio
answered on Oct 4, 2020
It's possible they could. It could depend on whether there was a defect in the stairs or other hazardous condition. New York is a comparative negligence jurisdiction, but a claimant's share of liability would be more dependent upon whether they were impaired at the time rather than an... View More 
Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc
answered on Sep 15, 2020
This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.
Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... View More
answered on Aug 28, 2020
Dear Davisburg,
Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you... View More
public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.
The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... View More
answered on Jul 15, 2020
This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... View More
Environment Nature Or Circumstances Regarding The Title Ouner/ Ouners And Like Fines / Liens.
answered on Jul 15, 2020
No, the time period for quieting title by adverse possession is set by statute. Environment has no bearing on the statutory time period.
The question about liens is unclear. Lienholders who have not been paid can usually foreclose on the property. You may wish to consult with a lawyer.
skin rashes, itching, hair discoloration and loss, stinky clothing, staining of clothing, grout, sinks, tub, shower and tile, damage to plumbing fixtures, inability to bathe, paying for water we cannot drink or even use except to flush with, no action from officials, no accountablity, lies,... View More
answered on Jul 9, 2020
A West Virginia attorney could advise best, as your matter could involve state and local water quality, environmental, and public safety laws. These situations tend to be complex, and involve costly sampling and lab testing for an array of parameters, from petroleum compounds to listed hazardous... View More
he said it is against the law for me to put water onto his property..but i did not do so knowingly
answered on Jul 7, 2020
This is something a Louisiana attorney could advise best on, but your post remains open for four weeks. It could depend on surface water doctrine followed in Louisiana. Different jurisdictions have different rules for water run-off. But if you're talking about some minimal quantity of water... View More
I am 17 and I live in Kansas with my dad and siblings. I have one year left of high school. But I don’t have a drivers license or ID. And i am not emancipated.
answered on Jun 26, 2020
You should ask your question in Justia > Ask a Lawyer > Kansas, as it pertains to the law of that state, not Florida.
Week 1: Gift $500 to the group (not the person who shared it with you)
Week 2: Share with two others who do the same
Week 3: Do nothing
Week 4: Receive a gift of $4000 from the group
answered on Jun 24, 2020
No, it is a classic Ponzi scheme, which is illegal in most if not all states, certainly in Maryland.
I never had my property surveyed, but there is a survey marker across the alley and all the lots on this part of town are all the same size, so that should be enough to clearly define my property line.
My neighbor has built two parallel fences that connect up to my fence crossing my... View More
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answered on Jun 12, 2020
You can sue for Trespass Damages. But you have a Boundary Line Dispute. You will probably need to get a Survey done, where the Surveyor knows he will be testifying in Court. If you do nothing, then you will acquiesce to the new Boundary. Both property owners now have clouds on their Titles.
The past 6 years. ..have been held on earth, to say mildly. Discredited , I'm SURE I would be ... matter of fact, a point pushed into belief. I just keep hanging on for an end. Some end..any end.
answered on Jun 8, 2020
What is your question? Your narrative is missing some facts on what is going on.
Or is original company that put the dump on the property still responsible? And what if they are no longer in existence? Just want it for grazing land for horses. It is being monitored by DEP. dump is closed and inactive and covered.
answered on Jun 5, 2020
You are technically responsible for what is on (and under) your land. So.....if leachate comes out and poisons drinking water, it is possible you could be liable.
When companies site dumps they have to provide insurance. However if this was long ago, that is unlikely to have happened.... View More
answered on May 30, 2020
Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... View More
Yes they use pesticides
answered on May 26, 2020
It will depend on local zoning, environmental, and public safety laws. As a general matter, businesses do use pesticides in residential areas if they are qualified to do so. This usually involves personnel holding state certifications as pesticide applicators. Your post remains open for three... View More
We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... View More
answered on May 18, 2020
Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... View More
My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!
answered on Apr 27, 2020
I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck
Tim Akpinar
Hello –
I have water leaking into my city basement home. I have done numerous repairs and attempts to lead the water away from my home but realize that I cannot control this without the city properly maintaining their alley. The cement alley has numerous cracks throughout and has an old... View More
answered on Apr 12, 2020
You need to start with a title search to determine whether the alley is owned by the city or whether the city merely has an easement to it. You then need to determine who has the duty to maintain, and whether you have the right to make the repair yourself. If the responsibility belongs to the city,... View More
The lake was built a long time ago before my house was built. When we moved in three years ago, the water was not draining onto our land. Within the last two months, it looks like a river rushing down the side of our property. They refuse to fix their overflow drainage pipe that used to divert... View More
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answered on Apr 8, 2020
Most likely you have no legal recourse. Unless the overflow pipe was recently damaged and now is destroying your property, I see no cause of action. You might file for an Injunction in Chancery because of the continuing Property Tort. But if it is not causing a massive loss of dirt from the... View More
I live in a condo and the association hires a landscaping company that sprays pesticide everywhere. I saw them applying it yesterday but found only one small sign in front of one of about 90 homes that are spread out over about 1/4 mile. This seems insufficient to warn consumers to stay off the... View More
answered on Apr 4, 2020
You could check with the state or local agency that administers pesticide applicator licenses. In many states, it falls under the control of environmental or agricultural agencies. In Florida, it might be the Department of Agriculture and Consumer Services. If it's not under them, check with... View More
answered on Apr 1, 2020
They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... View More
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