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Question DetailsAsked on 3/5/2018

what to do with neighbors creating a pig farm in the front yard of there house? we live directly across.

the neighbors live on 5 acres and our house is across from pig farm on 1,57 acres, the looks of property is a mess. they moved in after us just 2 years ago, prior owners took care of that property very nicely. we have lived in our property 6years, I'm afraid the messy and smelly pig farm is going to lower our property value? any ideas on how to fight this mess?

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3 Answers

0
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Of course, you could complain to the neighbors as a first step - but that could also turn nasty, depending on what sort of people they are. Generally, if a residential (as opposed to farm-zoned) area, if they are the type who would keep pigs then not likely to get far talking with them, and pay attention to their temperament - like if you talk to them about moving the pigs away from the front to more open part of their 5 acres away from houses and wells. But if you see they are strongly objecting or threatening, bear in mind there are a lot of whackos out there these days, and commonly the people keeping objectionable animals or junky yards fall in that or the druggie category. First, makes a difference (if you can find out reasonably) whether they are raising and selling these (hence a commercial operation) or for their own use. Also count how many there are - might make a difference.
Then check with Animal Control, or if no animal control agency in your area, Planning and Zoning department, about whether pigs are allowed in your area, and if so if there is a limit to how many. Generally, except in rurual areas, pigs are not allowed outdoors in residential areas, though sometimes are allowed indoors if pets like some people who keep the miniature Vietnamese pot belly pigs. If you find they are running a commercial operation or have more than are allowed, then file a formal written complaint with the applicable agency. Generally it will issue an abatement lettear - giving them something like 10-30 days typically to come into compliance with the law - you should get a copy of this notice. THEN, if they fail to comply within the stated time, you have to file a followup complaint AND note to the agency in the complaint that they issues a compliance order on X date. If in a farm zoned area, you are probably out of luck, though if you document wasste runoff from the property onto public property or into waterways you might be able to file an environmental complaint agaisnt them for surface waters contamination. Ditto, but complaining to the Health department, if it is infringing on your property or potentially contaminating your well. Otherwise, if sound or odor is highly objectionable (probably not an allowed complaint if farm zoned) you might be able to get a citation issued to them (usually preceded by a warning letter as described above) for violating health or public nuisance laws. If in a surface or groundwater quality compliance area (check with local environmental or planning department) their presence or runoff from the property might be in violation of requirements of that too. You say the property is a mess - if you mean junk in the yard (old appliances, junk cars, etc) you may also be able to get the local government to issue a citation for that under zoning codes. And of course (though unlikely in your case) if in an area with a homeowners association such animals may be prohibited too.. Also check your title for any covenants in the original subdivision plan - farm type animal may be prohibited. Some governments enforce those sort of covenants, in others you have to sue privately to get a court order enjoining the property owner from doing what he is doing. Last resort, and most expensive and probably needing an attorney, is usually filing a nuisance trespass civil suit against them, basically stating the smell or noise or such is a public nuisance and keeping you from enjoying the free use and enjoyment of your property. Degredation of property value can also be addressed in that type of suit. Those are what I can think of - of course once you exhaust the easy ones, an attorney would be able to advise you of any other options available for your specific case. In all these, of course if you can get neighbors to join in with any complaint you will get quicker government response.

Answered 8 months ago by LCD

0
Votes

OK - Angies List computer is taking out the paragraph breaks AGAIN - here is my response, with the paragraph breaks (where tehy should be) indicated by:

==========


Of course, you could complain to the neighbors as a first step - but that could also turn nasty, depending on what sort of people they are. Generally, if a residential (as opposed to farm-zoned) area, if they are the type who would keep pigs then not likely to get far talking with them, and pay attention to their temperament - like if you talk to them about moving the pigs away from the front to more open part of their 5 acres away from houses and wells. But if you see they are strongly objecting or threatening, bear in mind there are a lot of whackos out there these days, and commonly the people keeping objectionable animals or junky yards fall in that or the druggie category.

========== First, makes a difference (if you can find out reasonably) whether they are raising and selling these (hence a commercial operation) or for their own use. Also count how many there are - might make a difference.==========
Then check with Animal Control, or if no animal control agency in your area, Planning and Zoning department, about whether pigs are allowed in your area, and if so if there is a limit to how many. Generally, except in rurual areas, pigs are not allowed outdoors in residential areas, though sometimes are allowed indoors if pets like some people who keep the miniature Vietnamese pot belly pigs.========== If you find they are running a commercial operation or have more than are allowed, then file a formal written complaint with the applicable agency. Generally it will issue an abatement lettear - giving them something like 10-30 days typically to come into compliance with the law - you should get a copy of this notice. THEN, if they fail to comply within the stated time, you have to file a followup complaint AND note to the agency in the complaint that they issues a compliance order on X date.========== If in a farm zoned area, you are probably out of luck, though if you document waste runoff from the property onto public property or into waterways you might be able to file an environmental complaint agaisnt them for surface waters contamination. ========== Ditto, but complaining to the Health department, if it is infringing on your property or potentially contaminating your well.========== Otherwise, if sound or odor is highly objectionable (probably not an allowed complaint if farm zoned) you might be able to get a citation issued to them (usually preceded by a warning letter as described above) for violating health or public nuisance laws.========== If in a surface or groundwater quality compliance area (check with local environmental or planning department) their presence or runoff from the property might be in violation of requirements of that too.========== You say the property is a mess - if you mean junk in the yard (old appliances, junk cars, etc) you may also be able to get the local government to issue a citation for that under zoning codes.========== And of course (though unlikely in your case) if in an area with a homeowners association such animals may be prohibited too.========== Also check your title for any covenants in the original subdivision plan - farm type animal may be prohibited. Some governments enforce those sort of covenants, in others you have to sue privately to get a court order enjoining the property owner from doing what he is doing.========== Last resort, and most expensive and probably needing an attorney, is usually filing a nuisance trespass civil suit against them, basically stating the smell or noise or such is a public nuisance and keeping you from enjoying the free use and enjoyment of your property. Degredation of property value can also be addressed in that type of suit.========== Those are what I can think of - of course once you exhaust the easy ones, an attorney would be able to advise you of any other options available for your specific case. In all these, of course if you can get neighbors to join in with any complaint you will get quicker government response.

Answered 8 months ago by LCD

0
Votes

One thing I forgot to mention - depending on the number of animals maintained (and for pigs varies depending on if full-grown/breeders or piglets), beyond a certain number ALL the runoff has to be contained and treated. Some states have stricter laws than others, but a quick EPA regulations check showed applies under federal law if 50 adults/breeders or 500 piglets or more, as an example, so if this is a full-fledged commercial production rather than "personal use" or incidental commercial farm that might apply too - contact local EPA office or local Farm Bureau or USDA Ag Agent if there is one assigned to your area.

Answered 8 months ago by LCD




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