BEE-L Archives

Informed Discussion of Beekeeping Issues and Bee Biology

BEE-L@COMMUNITY.LSOFT.COM

Options: Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
B Farmer <[log in to unmask]>
Reply To:
Informed Discussion of Beekeeping Issues and Bee Biology <[log in to unmask]>
Date:
Tue, 9 Jul 2013 23:02:43 -0400
Content-Type:
text/plain
Parts/Attachments:
text/plain (20 lines)
>Some say that what one does on one's property is that person's business,
but there are plenty of examples where sanctions apply if consequences
occur off-property.  Examples are water diversion, burning noxious
materials, shooting firearms.  In other instances like abusing one's
spouse and children or pets, growing dope, etc., society also seems to
think that the public has a right to intervene.

In your examples, there is an injured/aggrieved party who has the legal standing to file a legal action.  I do not have the legal standing to sue someone on your behalf if you are aggrieved.  Only you can file that action.  Beekeepers must remember true ownership of the bees, (possession is 9/10ths of the law, and beekeepers do not possess free-flying bees) and they can't sue a farmer if the bees do not belong to them.  The case would be dismissed.

Only the owner of the dead bees would have a legal standing to file an action.  It is a longstanding legal doctrine that beekeepers own the boxes and the contents of the hives.  They do not own the free-flying bees.  (This is why you can't trespass on your neighbors to pursue you bee livestock.)  Free-flying bees are owned by God, which means that only God would have the legal standing to file an action under our laws. (and God does not need to appeal to our courts - he is a higher authority.)

Your example of water diversion is unclear.  Where I live, if farmers install drainage tile into fields, they can legally have the outlet at the edge of their property, and the discharge water flowing onto the neighboring property.  If the discharge water erodes or damages the neighboring property, the neighboring property owner can not file an action against the farmer.  It is viewed as excess rainwater, and any damage from the discharge water is an act of God.

In the same vein, if God's free-flying bees bring back toxic pesticides to your boxes, that also should be considered an act of God, IMO.  It should also be pointed out that if God's free-flying bees bring back toxic chemicals to your hive, no one forced you to place that hive there.  (Except in the case of pollination contracts if the counterparty was responsible for the chemical application.)

             ***********************************************
The BEE-L mailing list is powered by L-Soft's renowned
LISTSERV(R) list management software.  For more information, go to:
http://www.lsoft.com/LISTSERV-powered.html

ATOM RSS1 RSS2