Area farmers agree to treat noxious weeds, avoid prosecution

Criminal complaints were filed earlier this month for failing to control noxious weeds on 10 area farms.

Complaints alleged the defendants failed to control leafy spurge, despite individual notices sent to each of them June 17.

Convictions would have subjected the defendants to potential fines of $1,500 each.

Nine of 10 complaints were dismissed last week by Antelope County Attorney Joe Abler, after the landowners or managers, Antelope County weed superintendent Bruce Ofe and Abler came to an agreement.

The Noxious Weed Control Act governs control requirements.

“It is the duty of each person who owns or controls land in Nebraska to effectively control noxious weeds on their land…When landowners fail to control noxious weeds on their property, the county can serve them with a notice to comply. This notice gives specific instructions and methods on when and how certain noxious weeds are to be controlled,” according to neweed.com. “Leafy spurge can reduce rangeland and pasture carrying capacity by as much as 75% because it competes with forages and cattle avoid grazing areas infested with this weed.”

The landowners cited and property where noxious weeds were allegedly found included:

•Donald Ahlers of Clearwater (80.21 acres, E2 SE4 33-26-8);

•Kent Fry of Ewing (112.48 acres, N2 NW4 Exc. 75’, W2 SW4 N RR, 18-26-8);

•Terry Hemenway of Clearwater, trustee of the George Hemenway Family Trust (80.29 acres, W2 SE4 33-26-9);

•Greg Hoffman of Clearwater, on behalf of Lazy Horse Ranch Inc. (355.09 acres, N2 Exc. Trs., E2 SE4 Exc. Trs. in 28-26-8) and (618 acres, All Exc. RR Exc. Tr. in 29-26-8);

•Thomas Kimes of Clearwater (160.17 acres, W2 W2 5-25-8) and (80.14 acres in E2 SW4 5-25-8);

•Thomas Kimes (c/o Joellen Dooner) of Gettysburg, Pennsylvania (153.42 acres, SE4 Exc. Tr. SE4 of 5-24-8) and (E2 NE4 8-25-8);

•Dean Thiele of Clearwater, tenant, Jace P. Nore, on behalf of Cabin 6 LLC (149.94 acres, W2 E2 34-26-8);

•Anthony Steskal of Clearwater (80 acres, E2 NE4 33-26-8); and

•Ronald Storm of Neligh (80.24 acres, W2 SE4 33-26-8).

The defendants agreed to cooperate with Ofe for the control and/or eradication of the noxious weeds on property under their control. Specifically, they each agreed to implement treatment with chemicals approved by Ofe. They further agreed to treat again next spring, if Ofe deems it necessary.

The agreements include a clause that stipulates Abler may to refile the complaints within 18 months if defendants fail to comply with the terms. In addition, the defendants acknowledged new complaints may be filed for new violations.

The Honorable Donna Taylor, during Aug. 19 Antelope County Court proceedings, commended Abler’s handling of the issue.

Abler said several of the landowners had already scheduled fall spraying with area agriculture facilities.

One landowner remained on the docket for last Wednesday’s county court session. Steve Ahlers of Clearwater, who had not signed an agreement, failed to appear on the infraction count. Taylor ruled Abler may file a motion and affidavit for a warrant.