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County investigates $175,000 tort claim after roadside treatment; staff say procedures followed
Summary
County noxious-weed staff reported treating a heavily infested 24-acre site and said a landowner has filed a tort claim for about $175,000 alleging potato damage; staff said ISDA found no violation and ICRMP will assist with sampling and investigation.
Jefferson County noxious-weed staff told commissioners on Aug. 5 that the county conducted enforcement and treatment on a roughly 24-acre property heavily infested with thistle and that the landowner has filed a tort claim alleging damage to a potato planting.
The county reported the claim as "about $175,000." Staff told the board that they followed application procedures, observed buffer zones and noted appropriate weather conditions at application time. County staff said the Idaho State Department of Agriculture (ISDA) initially did not find a violation and that the Idaho County Risk Management Program (ICRMP) will assign an investigator to assist with soil and plant testing, including bioassays, to determine whether county application caused the damage.
Staff cautioned that causation is unresolved: they described several possible sources for the symptoms, including prior residual chemicals in the soil, contamination in an applicator tank or applications made by third-party commercial applicators. The county said the investigator and testing will determine whether the county bears responsibility. Commissioners expressed interest in following the investigation results and asked staff to coordinate with ICRMP and ISDA on sampling and reporting.
The board did not take enforcement action in open session beyond noting the claim, directing staff to proceed with investigation and to report findings when available.
