Dirt Mounds on Empty Lot

happs(Arizona)May 5, 2012

I have an empty desert lot that is being used by bicycle riders, motorcycle riders and ATV's as a "playground." People have built dirt mounds and are using them as jumping platforms. The county air quality department is concerned about dust from the property and has indicated that I need to "stabilize" the soil for dust control. Would you all suggest that I have them removed or put water over them to form a crust? I'm thinking that if I remove or flatten them, then it might create more dust.

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To be safe I would ask the county air quality department for their recommendation in writing. If you go the water rout it may have to be done again in a year. If you remove them and put water over the soil it may solve your problem.

There is however another obvious serious issue here. I'm as sure as I sit here that allowing the dirt mounds to remain would constitute An Attractive Nuance. If anyone ever got injured they would be able to sue you for damages.

Here is a link that might be useful: Attractive nuisance doctrine

    Bookmark   May 5, 2012 at 4:58PM
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Oh, and by the way. If you know about the Attractive Nuance and have not informed your Insurance company about it in writing. Then you are not covered for any injuries that arise from the Attractive Nuance. Yep, you are on your own for any injuries or wrongful death lawsuit.

    Bookmark   May 5, 2012 at 5:03PM
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