Any Lawyers? Got trespassing TICKET! - Honda Foreman Forums : Rubicon, Rincon, Rancher and Recon Forum
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Old 04-21-2009, 12:47 AM   #1 (permalink)
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Was ridding last monday night with some buddies. We rode down this major power line(concrete poles not wood) got into a creek and rode under this road through a 8' tall culvert and had to winch up the embankment. Cops came and said that this guy has a house that sits off on the power line( which you can see) said we rode through his "front yard". Did not really think that it was going to go this far, but I got served today. HERE IS WHERE I NEED HELP!! Where can I get a copy of land ownership that shows property boundaries or is there such a thing without me having to have a survey I am trying to prove it is not his property we were on or if we were I can take the fine. I am just fed up with people trying to ruin innocent fun!! NOW THE BAD He does have no trespassing signs, but it was dark and they couldn't be seen, I know that argument will not hold so I am trying to prove no ownership. Obviously the only one that has a right-of-way is the power company. Any ideas would be great or how some have gotten out off it besides running from the cops.
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Old 04-21-2009, 12:50 AM   #2 (permalink)
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you might beable to find that info at you county court house. i moved you to the news an announcements because it sounds to me like you were in the right and that is news worthy to me.
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Old 04-21-2009, 12:58 AM   #3 (permalink)
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You should be able to get the property bounds at the court house or contact whoever owns the power lines that are ran. Keep in mind sometimes people actaully own the land the power lines are on. On the signs Day or Night if they are there it don't matter if they can be seen or not.
Thats why were are very picky about where we ride at night my 4 wheeler is pretty loud and I know a few place people will complain cause it can be a bit annoying when you laying down and all the sudden you hear 15+ atvs go digging around. Im not standing up for the guy just know where some of the people that complain come from.
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Old 04-21-2009, 11:07 AM   #4 (permalink)
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Go to the Property Tax Accessor's office. You can find out who the land is deeded to and where all the boundaries are. If you were ridin' under the power lines, the power company has control of that property because that is a right of way. The property owner that complained has no control over somebody else's right of way.
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Old 04-21-2009, 12:06 PM   #5 (permalink)
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Your lucky your just getting a fine.You could get shot down here for trespassing.Like stated above go to the tax accessor's office and they can provide you with the info you need.It would prolly be better to see what property the guy has.
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Old 04-21-2009, 02:05 PM   #6 (permalink)
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The power company probably doesn't own the property but has a easement which it pays for, you were wrong in my book, you didn't have written permission to be on either property.
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Old 04-21-2009, 05:51 PM   #7 (permalink)
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Sorry to say that the judicial system is a good ol boys club and most of us are not members.
Sadly it takes a lot of $ in this country to prove your innocence.

Its against the law to post land you do not own or have control over so I would guess you are in the wrong in this case not the land owner. By all means check the land ownership at the county clerks office. I think in the end if you are in the wrong, you should plea "NO Contest" not an admission of guilt, it was dark and you never seen the posted signs, but the court takes a it same as a guilty plea, pay a minimal fine, learn from mistake and just move on. good luck ,,,,,,,,,,
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Old 04-21-2009, 09:16 PM   #8 (permalink)
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Technically you were trespassing either way, either the owners property or the power company.

So take your fine and learn your lesson.

Here, in Canada, we have 'crown' land which most of the land here is, which allows anyone to ride anywhere since the government owns it, and 99% of the time this includes any powerline roads etc, a lot of the time we get people here who THINK they own more land than they do, so we're always checking to make certain we're not on anyones property before we ride.
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Old 04-21-2009, 11:05 PM   #9 (permalink)
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im thinking you will have to pay the fine. but if you do indeed call the power line company be careful what you tell them they dont like tresspassers either tearing up there eavesment. but maybe you will get out of it. unless the courts there are like they are here in which you would have to pay a fine, have to pay for property restoration for any damage that was caused from the atv's, and most likely be put on probation for it 6 months to a year.
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Old 04-22-2009, 04:22 PM   #10 (permalink)
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I WORKED FOR THE LIGHT COMPANY WE HAVE EASEMENTS THAT WE CAN GET ON BUT ULTIMATELY THE LAND BELONGS TO SOMEONE AND IF YOUR NOT THE ELECTRIC COMPANY YOU ARE TRESPASSING I WOULD SAY YOUR PROBABLY GOING TO PAY THE FINE EITHER WAY. I OWN 10 ACRES AND THERE ARE POWER LINES DOWN MIDDLE POWER CO HAS RIGHT TO WORK ON THEM WHENEVER BUT IT IS MY LAND HOPE IT WORKS OUT IN YOUR FAVOR
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