Jim Valentine

It sounds like you have the very situation that Webster uses to define the weed: "a plant that is not valued where it is growing and is usually of vigorous growth; especially: one that tends to overgrow or choke out more desirable plants." Weeds are nature's way of protecting and often enhancing our soils, but they can be destructive and obnoxious. Removing them will require an assessment of the type of weed(s), size of the area affected, surrounding plants, ability to physically remove them, or the need for chemical application, and the selection of tools and chemicals to get the job done.

Certain weeds are actually controlled by Nevada Statute, and Douglas County ordinance. These are known as noxious weeds, and include Canada thistle, Puncture vine (also known as "goatheads"), Whitetop, and others. You can see photos of noxious weeds at various stages of their development online at Weed Control. Ever see your pet or child suddenly pull up limping/hopping in pain in the spring or summer? That's a good indicator that they've discovered a goathead. Keep your family safe and protect your property value - do your weed maintenance.

Nevada weed laws include: NRS 555.150 Every landowner or occupier, whether private, city, county, or federal shall cut, destroy, or eradicate all noxious weeds as required by the state quarantine officer. NRS 555.170 Should the owner/occupant fail, neglect, or refuse to comply; the state quarantine officer may notify the board of county commissioners for the county in which the property is situated. The county board of commissioners shall proceed to have cut, destroyed, or eradicated the weeds in accordance with the initial notice. NRS 555.180 Control costs not paid by the owner shall be a lien against the property and shall be collected as provided by the law for the collection of other liens.

Weeds are well intertwined with mankind as we cohabitate on this planet. Weeds can indicate soil deficiencies and help with the remedy, can provide cover for other crops, can stabilize the soil, some have insect repelling abilities, some provide beauty and fragrance while others are hideous and hurt. Some historic weeds are now known as vegetables and embraced by man. Others offered medicinal properties and are now called herbs. Weeds can present interesting dilemmas. Consider this- would you rather see green weeds with flowers by the roadside, or the debris like that we regularly have to pick up at our property that was thrown from passing vehicles such as coffee cups, beer bottles and chew cans? The weeds serve to cover such human trash. Some weeds are clearly good for us - others are a menace and must be controlled.

Weeds come and go in cycles as the weather changes. You never know what Spring will bring until the Valley greens up and you take a closer look. Look closely at the greenery on your property - certain weeds are lethal to livestock, others painful for your pets and children. It isn't just the rancher's responsibility - we all need to keep the Valley safe. Some weed seeds lie dormant in the ground for 5-10 years before weather circumstances cause their sprouting. Timing is important for weed control - get them before they go to seed.

Our Advice: Identify the weeds that are on your property. If you have noxious weeds you must take action - it's the law. Questions - contact the friendly and very helpful Douglas County Weed Contact, 782-9835 for help in identifying them and developing an eradication plan. Get help - some weeds will multiply like starfish if you don't remove them completely. Eradication can be by: a. Mechanical means, i.e.- hoe and sweat, with adapted equipment, b. Chemical means, the nature of which will vary according to the specific weed and its location, i.e.- in a vegetable garden, or on a roadside, or c. organic means, i.e.- mulching with organic materials. You can hire professionals to apply pre-emergent chemicals to stop them before they get started, or to safely eradicate them for you. There are many resources available to you ... use them and take action.

Weeds... get on ‘em and stay on ‘em or they will grow like ... weeds! Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates, www.carsonvalleyland.com or www.carsonvalleyland.net , 775-781-5472.

Its that time of year again - time to irrigate the crops that keep the Valley so green and the aesthetic wonder that it is. Throughout the Valley is a network of conveyance ditches that bring water from the Carson Rivers (East and West Forks) to the property where it is to be put to beneficial use. Look around and you'll see them everywhere, even in town. It sounds like you have such a ditch on the edge of your property. Yes, it hasn't rained, but the ditch is full of water because it is being transported from the river to somewhere down the ditch from you so it can irrigate crops.

Water is important for keeping the Valley green, but more importantly it is an essential component of agricultural production. The rancher's living and the well being of their livestock is dependant on it. It is taken very seriously by the ranchers and should be respected by all Valley residents. The Carson River was the subject of the longest running court case in the history of the U.S. Filed in 1925, it was resolved in 1980 with what is known as the Alpine Decree. That the litigants stayed on task for that long demonstrates their passion and zeal for this most important resource. That passion has not waned among those that have the benefit of surface water rights, but is now better managed among them by the dictates of the Decree and the oversight and decisions of the Water Master.

Ranchers work hard to maintain the ditch network. You see them burning the weeds to allow the water to flow better. You will also see them removing silt build up to keep the flow at its optimum. Water is precious in the desert and the ranchers work hard to get as much to their property as possible with as little loss as possible. Each branch of the river has a Federal Water Master representative to direct the water flow - who gets the water, how much they get, and when they get it based on historic use, priority, and the water flow in the river. Neighboring water users work together to coordinate the most efficient use of the water around the clock during the irrigation season. If you are a new owner of a water righted property and aren't sure about what to do ask your Seller, your neighbors and the Water Master for your property. They will gladly help you understand protocol, custom and the law so you can enjoy your asset and assimilate nicely in the neighborhood.

Our Advice: Be clear whether you live near an irrigation or a drainage ditch. If you live near an irrigation ditch be careful with your children and animals. Water can be in the ditch unexpectedly. The water can move rapidly and goes through many culverts along the way. Your child or pet can have a difficult time extricating themselves from the water if they happen to fall in. Also, if there is a culvert on your property it is in your best interest to keep it clear of obstructions. Not only can it cause water to back up and flood your property, by maintaining it and helping the ranchers you remove the need for them to enter your property to maintain the ditch, a right they have.

In case you are wondering, no, you can't use the water going by your property as it belongs to someone else. Enjoy the flowing water, a treat in our high desert environment. Note the joy of the flora and fauna, wild and domestic, as the water spreads the essence of life throughout the Valley. Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates, http://www.carsonvalleyland.com/ or http://www.carsonvalleyland.net/ , 775-781-5472.

Lyon County has taken positive steps to protect its agricultural roots and economic base while it experiences population growth making it the number one county in the U.S. percentage-wise with a Right to Farm ordinance. The ordinance states that "The right to farm all land is recognized to exist as a natural right and is ordained to exist as a permitted use everywhere in the County except where prohibited under this Title, subject only to State health and sanitary codes." If further declares Lyon County's policy to "...conserve and protect agricultural land, and associated agricultural irrigation water rights and to encourage sustainable agricultural operations within the County."

The ordinance goes on to discuss development, nuisance complaints about agricultural operations, and much more over five pages. A major change in the ordinance came last November when it was enhanced by the County Commissioners. The modified ordinance now calls for a disclosure notice prior to the transfer of real property. "Every Seller of any real property in Lyon County, either directly or through his/her authorized agent shall provide to any prospective buyer a written disclosure statement advising the buyer of the existence of a Right to Farm Ordinance ... shall contain or be accompanied by a copy of Lyon County Right to Farm Ordinance, Chapter 10.15...shall be substantially in the form promulgated by ...Board of Commissioners...shall include any agricultural setback requirements and water rights use restrictions applicable to the property." (emphasis ours) It goes on to say that the buyer shall sign a copy and the seller, or his agent, shall retain a copy of the signed statement.

Clearly, everybody is affected. Whether buying a home in a subdivision in Dayton or Fernley, or five acres in Smith Valley, it is a requirement. Virtually every Lyon County real property conveyance must have this disclosure in file. We discussed this with a representative of the Lyon County D.A.'s office and were told that there is no defined enforcement policy, that it was the responsibility of the Seller and agents to properly administer it. We were told that enforcement would likely come in the event they didn't do it correctly in the form of litigation from a disgruntled consumer.

Our Advice: If you own, or are contemplating buying, property in Lyon County you should read the ordinance: www.sterlingcodifiers.com/NV/Lyon%20County/17000000000000514.htm . If you are a real estate practitioner it is imperative that you get a proper Disclosure Notice so your customer is sufficiently protected, and you must maintain a copy of the signed document.

If you are moving to the country remember ... country things happen in the country. Embrace and enjoy them after all ... it's why you are moving here. Let's keep rural Nevada rural while it gets populated with rural-minded people. With this ordinance, we feel Lyon County is doing a good job of managing that transition. Yes, another disclosure ... indicative of these litigious times... but good for everyone involved. Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates, http://www.carsonvalleyland.com/ or http://www.carsonvalleyremax.com/ , 775-781-5472.

You might have caught wind of Fannie Mae's Announcement 07-22 dated December 5, 2007. That announcement established some new guidelines for lending in a "down market", the most impactive of which is the requirement for an additional 5% down in such a market. Example: the requirement will mean that a 100% loan (no money down) would then require 5% down. It only applies to loans with application dates on, or after, January 15, 2008, and only in down markets.

The guidelines require the lender to get the additional 5% if the appraiser notes in the appraisal that they are in a down market. If the appraiser does not make such a notation, "Fannie Mae strongly urges lenders to implement processes and apply supplement sources and tools to validate current housing trends and not rely solely on the information reflected in the appraisal." The lenders and appraisers can use the following services: Standard & Poor's - S&P/Case-Shiller® Home Price Indices , Office of Federal Housing Enterprise Oversight (OFHEO) , and National Association of REALTORS (NAR). There are other subscription/fee based services that they may use.

Also being implemented by some lenders is risk based pricing for conventional products. In such a situation borrowers with credit scores below 620 (or missing score - no credit established) would pay an additional 2 points. Credit scores of 620-639/1.75 points, 640-659/1.25 points, 660-679/.75 point. This is, of course, in addition to the normal punitive points and higher loan rate related to the lower credit score.

Our Advice: Recent conversation with an active local lender revealed that we are not locally in a "declining market". There are areas so identified across the nation, but nothing in our service area. Of course, this can change, we certainly have had a drop in our prices, and we have been told that some lenders are already treating our market as if it were in a "down" status, requiring the additional down of their borrowers. If you have limited funds for a down payment and are trying to time the market drop, we suggest that you act now to make sure that you can buy a home. If our area achieves a "declining market" status and you are caught with the requirement of additional down payment funds that you don't have, you might have to wait until the market starts rising again to buy your home. As the market rises the money you might have saved will certainly be lost - maybe forever if you are priced out of the market as we have seen in the past. We anticipate that the market will bounce high and fast when it turns - timing is the only question. Control your own destiny and get on with your life.

Save money and maintain a good credit score. Lenders still want to make loans - they are just exercising better discretion on who they make loans to than they have in recent years. Make yourself a desirable borrower and you, too, will enjoy the American Dream.

Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates, http://www.carsonvalleyland.com/ of http://www.carsonvalleyremax.com/ , 775-781-5472. Email us at CarsonValleyLand@hotmail.com

A timely question with the major fires in Southern California, and the recent fire experience of our neighbors to the West, South Lake Tahoe. The Valley has a variety of natural structure and personal safety threats depending on where in the Valley you are located. Earthquake faults are identified throughout the Valley. Both the East and West forks of the Carson River have flooded, substantially in the past decade. Fires are a threat anywhere, especially in drought conditions as we are presently experiencing. Fires are more of a risk in the neighborhoods with trees, but are certainly a threat regardless of where you live with all of the available dry fuels.

Appropriate precaution can minimize the risk of building and living in the Carson Valley. If you are in a flood zone that will actually have high, fast moving water in the event of a flood there are things you can/must do to minimize the threat to your residential structure. Likewise, if building near an earthquake fault one must at the very least consider the size of the fault, its historic activity, and the soil type on which you are planning to build. The threat of fire is everywhere. You have an obligation not only to yourself and your family to keep your home fire safe, but to your neighbors as well to minimize the risk of having your entire neighborhood burn.

Let us remember, too, human threats from animals. Some regions of the U.S. have horrific wild animals that give one pause when considering a walk in the wild. The Carson Valley is not one. Most of the animals we have here cohabitate with man very well. One might see an occasional black widow, a rattler, bobcat, or, of course, a bear. Those animals will generally do what they can to avoid you.

Thankfully, our natural challenges are few and readily remedied. We don't have hurricanes, tornadoes, deadly snakes, regular flooding, 120 degree heat, minus 50 degree cold, drive-by shootings, avalanches, mudslides, killer bees and other obnoxious/dangerous insects, overwhelming humidity, volcanoes, or scientists predicting that we will end up in the ocean. We've just enough to keep life interesting, but not threatening. Just enough to keep us in touch with our core biological beings without losing our humanity.

Our Advice: When considering buying a house, or just plain wondering about the relative safety of the home you are living in, think about your exposure to Mother Nature. Are there trees up against your house? Is the home built on one of the many earthquake faults that run through the Valley? Are you in a floodway and not built up? Are there older trees near the house that might break in a wind storm? Look around and determine your exposure. Figure first what it will take to make the structure safe, and then look to protecting interior contents. A little planning will go a long ways.

While enjoying the natural beauty of the Carson Valley remember you can't fight Mother Nature. Do your best to cohabitate with her and you and your family will be safe and happy.

Experience is Priceless! Lisa Wetzel & Jim Valentine, RE/MAX Realty Affiliates, http://www.carsonvalleyland.com/ or http://www.carsonvalleyremax.com/ , email us at carsonvalleyland@hotmail.com 775-781-5472.