Common use of Landowner Notification of Violation Clause in Contracts

Landowner Notification of Violation. In addition to officially notifying the landowner of the violation and the steps required to cure it, written notice to the landowner of the violation is an important part of the administrative record of the violation, which may be used later in court (see Subpart J, “Exhibits,” for a sample violation notification letter). (i) In a certified letter, return receipt requested, set forth the facts of the easement violation to the landowner and detail the remediation requirements and period to cure. Copy the local OGC attorney on the letter. Provide your contact information in case the landowner has any questions. (ii) The letter should provide the guidelines for remediation. In the letter, request that the landowner call you when the work is completed. · For serious violations, require that an NRCS representative be present to ensure proper compliance. It is extremely difficult to get landowners to go back and complete a small amount of additional work once major work is completed. · If an extended deadline has been granted, write the landowner as a reminder of the deadline. · Mitigating circumstances such as weather, high water levels, or illness should be taken into consideration and documented in the correspondence. Seeding the crop or other work excuses are not mitigating circumstances. · Explain in the letter to the landowner that noncompliance may result in a court appearance. The U.S. Attorney makes the decision whether to prosecute a case, so be careful not to make representations in this regard.