Legal Question in Civil Litigation in California
I live near a horse ranch. The alfalfa feed used at the ranch contains invasive sahara mustard weed seeds that are spreading on to my property and germinating. The mustard continues to spread over the native natural landscape creating a fire hazard and destroying the natural beauty of the area. Is there any legal action that can be taken to force the owner of the horse ranch to control this blight?
2 Answers from Attorneys
You probably can sue as to the negligent trespass onto your land, but I think your legal standing to sue as to damage to the public land is very questionable. But if your suit stops them from polluting your land, the polluting of other land will likely stop also.
It sounds like you have a good case for a nusiance action, and possibly a trespass claim as well. The key will be coming up with admissible evidence that the weed is coming from their property. If you have that, you have a case. You can seek both injunctions against further spread of the seeds, and money damages for the cost of abating the weeds growing now.
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