Trespass/Destruction of Property

[rajolapo]

I purchased some farmland in Minnesota earlier this year. There are 2 ponds, one borders my southern neighbor and one is in the center of my property. There is a man made ditch connecting the two. The ponds are approximately 1/8 of a mile apart. The previous landowner had a dispute with the southern neighbor several years ago regarding a block that was put into the ditch to prevent water from running to the pond in the center of the property. In high water years the first pond overflows into the ditch flooding the second pond and resulting in several acres of farmland being lost. The previous landowner prevailed and was allowed to keep the ditch block in by the watershed board. The southern neighbor drove a trackhoe onto my property sometime in the last week and removed the ditchblock, as well as lowering the ditch itself. He did this without my permission. A permit was required to put the ditchblock in originally. Can I put the ditchblock back in, or do I need to clear it with the watershed district. Also, what recourse do I have with the neighbor? Can I sue for damages (cost of labor/material) to replace the ditchblock? Does the watershed boards ruling in 2006 still have merit even though the land has been sold?

 

[justalayman]

the first thing I would have done is call the police and make a trespass complaint. Obviously there are also property damages involved. Beyond that, yes, you would have a valid claim for whatever damages he caused through a civil suit, if necessary.


To permission: I suspect you will need permission from the watershed board. Although they granted permission previously, I would think they would want specifics of the installation you plan as well as the right to inspect the new installation to verify it complies with whatever plan you submit. Think about it this way: if my house burns down, I still need to obtain a permit for a new building even if I am building it exactly as the old one was. The building department wants to be sure the new building is compliant with any applicable rules.

 

[Proseguru]

You may be dealing with federal and state EPA rules ... they change constantly ... I would check in writing with the appropriate agencies and get their answers in writing. Or at least its something to consider. The EPA is not the easiest or citizen friendly organization (they're loons)...1/2 of our CFRs are under Chapter 40...

 

[justalayman]

I'm not seeing an EPA issue but there may be a DNR issue.

 

[rajolapo]

Ok, I filed a trespass complaint with the county sheriff and contacted the watershed district. It turns out my neighbor got a permit to do the work. The engineer that approved the permit told me that he made it sound like he had recently purchased the land. The watershed administrator told me I would need to apply for a new permit and they would discuss at their June meeting. My question now is can I charge him with fraud, or is it worth it?

 

[justalayman]

You can't charge him with fraud but he is still guilty of trespass and destruction of your property, both in criminal and civil law. The prosecutor can prosecute him for the trespass and damaging of the property. You can surely sue him for the damage he did. Whether it is worth suing the guy is up to you. If you want to attempt to recoup your costs to re-install the ditchblock and repair any other damages he caused, you will likely have to sue him. Of course, I would start with a demand letter listing the cost of the damages and demand payment for them.