wetlands dispute

[rfrobby]

What is the name of your state (only U.S. law)? Massachussetts
Short version: are my 4th ammendment rights vacated because the town conservation officerdecided to react to a nieghbor who I am having a border war with? Hetresspassed well into my back yard( 150 feet ) based soley on a phone call from my disgruntled nieghbor.

[FlyingRon]

Unless you've walled in your backyard or otherwise gone to attempts to include it in the curtilage of your home, the fourth amendment doesn't come into play. It's only hour home and person that is protected. Further, unless you've fenced, posted, or otherwise given notice denying access to your property, it's not tresspass.

[rfrobby]

Even though he took soil and water samples from MY private property? Also a letter sent warning me of a 25000 fine for throwing my grass clippings on MY property? There IS a fence seperating the two properties. Am I to understand that ANYBODY can waltz into my backyard and dig around and I can do NOTHING about it?

[FlyingRon]

Yes.
Yes.
Yes.
No.

[rfrobby]

Ron,
I appreciate your taking the time to answer my questions. What, exactly CAN I do?

[tranquility]

What can you do about what?

The government is very difficult to deny access to things it thinks it has a right to see. It seems you may very well have a problem. If your lot is "wetlands" according to federal (or, maybe, state) statute and you did happen to bury or place a bunch of yard waste in the wetlands--even though it was on your land, you have a problem.

Get an attorney. Depending on the specific facts, they can go after you criminally.

I think the laws on such matters are silly, but they are enforced. I've seen a client lose almost all rights to large portions of his lands because he wanted some poison for "kangaroo rats" on his property from the hardware store. The feds got wind and came out and declared large portions of the property "habitat" of a protected species.

Get an attorney.