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GBlist: Re: greenbuilding-digest V1 #372


What happens to your individual property rights when your immediate
neighbor does something that dramatically affects your property?  For
example: You have never had any flooding problems, because your neighbor
has a wetland.  One day, that wetland is filled. During the next cycle of
heavy rains, your property is flooded, your house is substantially
damaged. Does your neighbor still have the right to fill that wetland,
that was on his private property? Do you get to sue your neighbor?  Or
should there be some regulation of how you use your property?  What if
your neighbor wants to run a pig farm or a dog kennel....do you have any
rights to keep his smell, noise or runoff away from you?  He is just
doing what he wants to do with his own private property....and according
to you...no one should infringe on his rights to do so. Should there be
no regulation for the public good?

What of all the privately owned wetlands that were filled on the Red
River north of Grand Forks last spring....when heavy runoff came, there
was no sponge to soak it up, and Grand Forks flooded.... 

Scott Waterman
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