What should I do if I am being affected by mining on a property next to me?
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What should I do if I am being affected by mining on a property next to me?
I have a friend who’s family owns and lives on property. The landowner who owns the property above him has been mining a foundation, and leaves the tailings scattered throughout his property. These tailings have a high content of uranium, and, as I have heard, this uranium is getting into his and his families drinking water. He had their water tested, and the water has 300x the EPA limit for uranium. This has been a huge problem for him.
Asked on February 17, 2017 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) Contact the federal EPA and the state department of health: if the tailings or residue exceed permitted levels, one or the other agency may take action (e.g. start fining him, until he cleans it up).
2) You *may* be able to bring a lawsuit based on "nuisance" to force him to clean matters up--it depends on your neighborhood (e.g. population density), zoning, and what is considered a reasonable use in that area. In suburban areas, leaving contaminated tailings around would very likely be considrered an unreasonable use, and a court could order him to clean it up; in a more rural or lower density area, with more separation between neighbors, it may be acceptable, however. You should consult with a real estate attorney about this option.
3) If you have to clean up or remediate your water or bring in water from elsewhere, if you can show it was because of his actions, you may be able to sue him for the cost to do so, since it is a result of his deliberate action(s) in leaving contaminated tailings around, and/or his negligence/carelessness in creating a contaminated situation.
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