If neighbor poisoned our birds, what can I do?

[kari_dawn]

that is great news! I never understood why people lived in zoned agricultural areas, and then complained when people actually take advantage of the zoning

 

[LindenLiving]

Your case is very dependent on your zoning laws. Here we must have our animal fencing at least 100 ft from the property lines so not to be intrusive on the neighbors. If your fence is right on the property line and they are sticking their heads through the fencing into his yard, technically your animals are trespassing on his property. If he had poisonous plants on his side of the fence and your animals ate them he would not be liable, you would be at fault.

There may be some legal room if the millet that he is spreading on his side of the fence is poisoned, that is unlawful as any animal, whether yours or another neighbors, could be harmed, in addition, any young child could as easily be poisoned. This is where you may be able to get him legally, not through the poisoning of your animals, but the potential poisoning of your children.

Good Luck.

 

[kari_dawn]

it also helps that he put the poison on HER side of the fence though.

 

[justbugged]

As a last resort you can always contact the media. Most TV, or newspapers would love to run a story on something like this.

As for a civil lawsuit, don't feel bad about doing it. He has earned it. Some people only learn when they are hit in the pocketbook. If a lawyer already wants your case, he must be fairly certain that you would win in court. I understand not wanting to be lawsuit happy, but this has gone way beyond a nuisance lawsuit. This is now about the safety of your children.

That's for all the stress you are going through.

 

[johnsons-r-us]

Quote:
X2

You should be able to feel safe with your family on your own property.

 

[toochicky]

Yikes freezefamilyfarm,

This guy sounds like a true menace. I hope you proceed with all prosecuting. He needs to pay for his actions. There is no telling what may have happened to your family/children had you not known about the poison.

Stay strong and realize that what you are doing is very right. Also, If you get any grief from the "family" of this guy, I would go public. I am sure that not only would the media eat this up, but other people would be on your side.

 

[tsmith1499]

It sounds like his son is a dentist in town and when it starts affecting HIS livelyhood maybe he'll have a TALK with dear old dad about his behavior. A friend of mine had something similar happen with one of his neightbors and he took to carrying his shotgun around with him when he went outside. Nothing anyone could do about it, he was on his own property and it was zoned AG also. Neighbor never complained or said a word again. Especially after he was told my friend was within his legal rights by the county and state police.

 

[ajyetzer]

Praise God that things are shaping up so well for you guys in this terrible situation. This "neighbor" of yours needs to face justice, so go get him!

 

[freezefamilyfarm]

Thanks for the support (and hugs). I need it! I feel really betrayed and sick about the whole thing. We have lived here 8 years and they were very friendly for most of them even after we got the chickens. Until one day in March when there were a large number of feathers that blew over. The windiest week of the year and he came across the yard griping. It's been escalating from there. I'm not sure how much of it his wife even knows about. He's been friendly with our kids and our cat. Their family has even taken my 11 year old to an OU game with them. Their son has been our dentist the whole time as well. But once, this summer, the boys shot arrows that went over the fence and he was super angry over that. These are just practice arrows and there is nothing in his yard to harm. We are talking about WAY back 1000 ft from his house at least. It would be no big deal to a "neighbor", but it was to him.

As for our zoning regs, there is no rule about distance for free-ranging animals, if we were Ag II there would be, but we are Ag I and even then the regs refer to their "housing" being a certain distance, not to where they are allowed.

So my husband just called and he just saw Dept of Ag escorting the neighbor into their drive. And then the game warden called and is on his way.

 

[kari_dawn]

I can tell you one thing, if the warden is on his way, your neighbor may be in some very hot water...wardens are extremely powerful...and very busy. They handle a lot more law enforcement than just wildlife these days....if the warden is taking time out of his schedule to stop by that could be very bad for your neighbor...