# farmer sprayed chemical - destroyed garden



## Southpaw (Jan 2, 2003)

We live on an acreage and my husband has a large garden which is his pride and joy. A few weeks ago he was disheartened to find many of his veggies had died overnight. Potatoes, pumpkins, beans. He figures that the neighboring farmer having his crops chemically sprayed is the culprit. I also lost flowers in my flower garden, poppies, tiger lillies. Also, some of our trees do not look well. He talked to the farmer who said he did not believe that could be the cause but he would come and take a look. We have not seen him yet. Guess he's not really coming to look. What are our options here? Insurance claim? Suck it up? What about next year? DH is very upset and I don't blame him. How can we be sure this is what happened?


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## BaronsMom (May 22, 2005)

In our area, we can contact the State department of agriculture

They come out and investigate when pesticides have caused damage or have been improperly applied.

You can also give you county extension agent a call and see if they can put you in touch with the right authorities in your community.


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## Frugalite (Jun 8, 2008)

I wouldn't let it lay, contact the above and then keep pushing things through. You have a RIGHT to enjoy your property, also photograph the damage. I'm a fan of documentation. Can't argue with documentation. If you had a water trough there for your animals you may well have lost them too. Hold your ground!


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## belladulcinea (Jun 21, 2006)

I agree with the above posters.


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## Windy in Kansas (Jun 16, 2002)

A few weeks ago? I'm not sure how you will be able to do much of anything now as investigation need started almost as soon as you notice damage. 

At the least the pesticide licensing agency for your state needs notified so that they can check the records of the supposed offending farmer. That will send a message to the farmer to not mess around in the future.

Since you have waited so long I doubt you will be able to file a claim with the farmer or in court unless you have fully documented everything with photos, etc.

Better luck next year.


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## Ernie (Jul 22, 2007)

They are not supposed to spray on days with a lot of wind drift. It kills your plants and it's also killing YOU. 

When I bought my farm I made sure I wasn't next to any commercial agriculture. I never wanted to face what you're facing now.

Make a big fuss about it. As big as you possibly can.


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## RiverPines (Dec 12, 2006)

Thats so aweful.

We are lucky, we have an organic farm next to us.
All the weeds and crop eating bugs abound here.

I hope he never changes his ways. Although I dont think he can, he is farming on a watershed of a river and the restrictions are really tight.

You have my sympathy. Maybe if you cant do anything this year, by contacting the ag department you can do something for next year.
I think it would be worth still reporting so if it happens next year, it will be on record from this year and thus no surprises or reason for doubt. 
It may result in fast action too next year, maybe compensation?
It sure wouldnt hurt to call and ask about all your concerns.


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## ksfarmer (Apr 28, 2007)

Here, any agricultural spraying has to have a record of date, time, wind direction, wind, speed, temp., and of course what chemicals were used and how much. I would contact the farmer and ask who sprayed (him or a commercial outfit). Iwould also talk to the extension agent in your county, . There are steps you can take to see if indeed the farmer or his sprayer contractor are liable. Chances are , he has a insurance policy to cover events such as this.


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## Southpaw (Jan 2, 2003)

I called our insurance agent. He came out and looked at the damage and agreed that definitely something had happened. He took some of the damaged leaves of one tree with him. He said it's not covered under insurance. He knows the farmer so he offered to speak with him which I agreed to. I don't know what will come of this but how do you estimate a cost for the damage? Will our trees be okay? What about next year? Lots of questions so we shall see.


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## EDDIE BUCK (Jul 17, 2005)

Most of the farmers I know would have been there that day,to check and try to get a satisfied agreement to both sides. But it seems this farmer is not very responsible nor respects your feelings or your property. That said, do whatever you have to, to be satisfied and maybe he will learn to be responsible. Eddie


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## madness (Dec 6, 2006)

Wow, that's too bad. My neighbor has taken to spraying roundup along the fence separating our property. The same fence that I grow peas, beans and cucumbers on. Sigh.


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## big rockpile (Feb 24, 2003)

madness said:


> Wow, that's too bad. My neighbor has taken to spraying roundup along the fence separating our property. The same fence that I grow peas, beans and cucumbers on. Sigh.


Thats what I would say happen here.If it is you can replant a Fall Garden and it shouldn't hurt the tree unless it got too far up on it.

big rockpile


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## Tricky Grama (Oct 7, 2006)

Have heard it recommended to spread a cheap brand of kitty litter arund trees that have had poison damage. Also some lava sand & dry feed grade molasses. Sure sorry this happened to you.

Patty


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## chris30523 (Jun 11, 2005)

If the damage is still there I would get the extension agent out.That is their job.I would say the farmer either is hoping you won't push the issue or doesn't care.The insurance that should cover the damage would be his. I would get the ag agent to talk with him if nothing else to make sure he is more careful next year.


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## elkwc (Jun 3, 2007)

First there is many questions to be answered before any damage would be paid and after this long the chances are slim unless the farmer just wants to be nice. Did you see him spray the field or did he admit to spraying when your husband talked to him? Was it with a spray rig or by plane? How many days was it before damage was seen? Then you would need to know what he sprayed with? Was there any wind the day he sprayed and what direction? After knowing this basic information then you can make a fair judgement on what caused it. I feel you your loss. I don't know enough to say whether he was the culprit or not. Most of what I spray with is non volatile. Which means it won't vaporize and travel and kill. What it contacts as a mist is what it kills. Now if there is a wind and drift you can get some unwanted kill. Why I'm so particular about when I spray and how much wind. But there is several volatile sprays out there. They will vaporize if the temps get high and spread with the wind. I don't use them and most don't here if close to another property. I know how it is to lose part of a garden to spray. I had a plane spraying the property next to me cover me one morning and also killed a 1/3 of my garden. The property ended about 50 yards before where the garden and I were. But he was leaving the spray on too long and also the wind was blowing right towards my property. I had to take a bath before heading to work. I'm in KS and the first report they usually talk to the sprayer then if it is repeated they will do something. If you find out what he sprayed with please let me know. I'm curious. And hopefully he will try to make it right. I had watched this thread and only posted to explain how things are done here where I live. And each state is different. JD


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## Southpaw (Jan 2, 2003)

Thanks to all who have responded. 

DH wrote up a list of flowers and crops lost but did not put a dollar sign on anything. The insurance agent was truly irritated when I took it to him but our problem is what is a garden worth? what a trees worth? what are flowers worth? And what is his job as an insurance adjuster? DH is not sure if the potatoes or other onions are edible? He called the extension office and is awaiting a call back. We have more questions than answers at this time. Will the perennials comes back? Will the trees survive? Or is everything a complete loss? For example, I had oriental poppies in bloom. Now they are dead. Do I need to do anything with the plant at this point? Clearly, we would like the farmer to stay clear of our property. If things do survive this round another round might be different.


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## Danaus29 (Sep 12, 2005)

Your agent or the farmer's agent? If it was the farmer's agent I would have had an attitude with him. The adjuster's JOB is to put a dollar value on what it will cost to make you whole. If you have to go and put a price on all your plants I would find the most expensive plant company and use their prices. I would not count on the perennials coming back. Even if they do they will never be like they were before. Also in some states you would be able to receive treble damages because of the farmer's negligence. 

My mom had problems with her neighbor lifting his weed sprayer up and spraying over the top of the fence. He did kill a few things. She threatened to sue and report him to the EPA. Now the farmer is very careful about not spraying the fence. I mean geesh, what if you decided to spray the fence and killed several rows of his field crops?


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