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Railroad spray killed my corn
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jsfarms86
Posted 3/10/2020 22:30 (#8095225)
Subject: Railroad spray killed my corn


Northeast Nebraska
Last spring BNSF railroad piled 100s of railroad ties next to my field. We had 2" rain and the chemical they sprayed ran off the ties and into my field. It killed about 5 acres because the water turned into a lake then drained out, why killing the corn when in drained also. I was replanting wet spots that day so I replanted it also. The corn came up about 3 inches turned yellow and died. Weeds magically grew in those spots later on and ended up disking the field after harvest because of the weed pressure. The field avg was 260. I have all records of planting and harvest maps including pictures of the corn dying and the pile of railroad ties.

I contacted the BNSF and filed a claim this was an absolute headache trying to reach the correct person, then it was oh yea I will call you back (still waiting on that call). My insurance agent had documented the loss and the pictures the drift. I also contacted the dept of ag and they sent out an inspector to do soil test and pictures. Mind you this happened in April and I just got the soil results back this week. The reason it took so long is because BNSF would not contact the dept of ag even after a registered letter and them going there personally to BNSF office in Lincoln. BNSF finally told them what they sprayed and the results came back as 27.30 ppb of Picloram and 120ppb of Sulfentrazone. My concern is what kind of residual will this have on my soil?

BNSF has been a bear to deal with I need to figure out a plan to see if they will compensate me correctly. I really do not want to hire a lawyer and go to court. The plan is to call them tomorrow and see if we can even try to get it settled without going to a legal battle. Trying to figure out a price that I will be compensated, thinking 260bpa x 5 acres=1300bu @ $4 $5200. Plus my extra trips over the field that I normally would have done. What hangs me up is not knowing how long thing will last in my soil and if it kills my beans in the same area this year. What would others do in this case to get compensated?
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