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WATER: IS A NEIGHBOR THAT ALLOWED A BEAVER DAM TO REMAIN ON ITS PROPERTY LIABLE TO AN ADJACENT LAND OWNER FOR ALLEGED DAMAGES?

October 14, 2011

Category: Arkansas Environmental, Energy, and Water Law

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Author: Walter G. Wright A Connecticut Superior Court addressed a dispute between neighbors over a beaver dam. The plaintiff argued that his neighbors had a beaver dam on their property that caused water to back up on to his property making his back yard unusable. See Marc Briere vs. Anthony Tusia, et al. 2011 Conn. Super. LEXIS 2301 (May 16, 2011). The argument included a complaint that the defendants refused to ameliorate the flooding caused by the damage. The court stated that the defendants admitted that they preferred to "let nature take its course, and refuse to act". The opinion issued by the court addresses a variety of issues associated with this scenario. A copy of the opinion can be downloaded below.
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