Good morning,
I have two questions:
1. Is the military subject to any state or local laws regarding fences when they operate in residential areas?
2. If I do pursue a dispute over property boundries with the military, are they subject to Massachusetts laws?
Here's the story:
I live on a one-acre residential lot that abuts a roughly ten-square-mile military training ground.
The detachment that operates the training ground has recently started a project to encircle it with a six-foot high chain link fence ringed with barbed wire. They plan to lay the fence within 1-5 feet of their lot line.
Unfortunately, this has raised issues as to where the exact boundaries of our six-sided lot are. (The original deeds from 1850 measured the boundaries from a stump.) Fortunately there are a number of long standing natural and manmade boundaries that the military's project engineer seems willing to accept. I believe the property-boundary issue will be solved amicably; if I do need to pursue it, is the military subject to state property laws?
Finally, even on the other side of my property line a six-foot barb-wire ringed fence will be a serious eyesore. I don't suppose the military is subject to "spite fence" laws? In my neighborhood they are ringing in land that has never been used for training and has never been fenced in...it is an impassible swamp.
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Editor's Response
Whether you use federal law or MA law to enforce your property rights, the military cannot build a fence on your property. In theory, they could go through the cumbersome eminent domain process and take your land, but that seems highly unlikely. If in doubt, I would get a survey done on the relevant lot lines to protect your rights. As I am sure you know, it will be much easier to convince them to build the fence on their side of the line then it will be to get them to move the darn thing after they build it on your side.
As for your second question, I'm pretty sure the military can put whatever kind of fence it likes on its property, regardless of what local town ordinances might say. Good luck.