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NNNG: railroads and bar-b-ques, how are they different?

September 12, 2018 09:20AM
Consider a railroad, any railroad, that is accused of starting a fire. The railroad runs on property belonging to the railroad therefore it is private land. It was then later determined the fire started on the railroad's property, but spread to neighboring property fueled by the neighbor's pasture of long dry grass, shrub oak, pine needles, and dead trees. It can be shown the railroad's neighbor was negligent in his or her fire mitigation requirements and it was determined the railroad proved it did due dilligence practice in its efforts to meet fire mitigation requirements on a strip of land 100 feet wide. Now compare that to a guy who leaves his bar-b-que unattended on his home's back porch. It was determined the bar-b-que started the fire on the man's porch but quickly spread to a neighbors property that contained dry pasture grass, dead trees, pine needles, shrub oak, and downed dead branches.

How does the law handle such different cases especially where fire started on private property and spread to neighbor's property being either private land or public land? Both fires started on private property. Which owner practiced fire mitigation? Which did not? I can now see how lack of fire mitigation on private land is such a problem for those who do practice fire mitigation. I share this concern. The million dollar question becomes did the 416 fire spread because the neighbors did not practice correct fire mitigation? People that throw rocks should not live in glass houses, rather, their efforts would be produce more fruit is they form action groups to clear dead trees and mow grass. Do the people that file lawsuits for fires started on private land practice fire mitigation themselves? How truthful is the statement that the entire State of Colorado is one big tinder box with private land owners not meeting their fire mitigation requirements? A very bad and costly fire happened near Durango in 2018, but the same thing could happen elsewhere in any State subject to dry and drought conditions. The blamed name just changes.
Craig
Subject Author Posted

NNNG: railroads and bar-b-ques, how are they different?

craig September 12, 2018 09:20AM

Re: NNNG: railroads and bar-b-ques, how are they different?

et&wnc September 12, 2018 03:15PM

Re: NNNG: railroads and bar-b-ques, how are they different?

guymonmd September 12, 2018 03:47PM

Re: NNNG: railroads and bar-b-ques, how are they different?

RDannemann September 13, 2018 05:17AM



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