now i am MAD!!! need legal advice

sawman65 · #1 10/31/11, 11:27 AM

in the last few years people have been trespassing on my land and stealing my ginseng today i see they hit me again but this time they stole all of it even the young roots! and you can be sure they did not plant the berry’s that i know were still on them. that patch will be dead now. i still have others and i will hide and watch but you cant do it all day/night. any thoughts? traps? i know i cant shoot them but is it legal to put my dog on them? it is my land and is posted.

**Cabin Fever** · #2 10/31/11, 11:30 AM

Here's my free legal advice. You can't do anything without proof. I'd suggest the strategic placement of some trail cams.

Jennifer L. · #3 10/31/11, 11:31 AM

Watch the roads, take the plate numbers of any cars parked within walking distance of your property, and then walk back in and see if you can see them on your place. If you see them, ask if that's their car, then tell them they are tresspassing and call the cops. With the plate number you know you have their true ID, and the cops take care of it.

Do NOT shoot anyone for being on your property. They will end up owning your place.

Jennifer

flowergurl · #4 10/31/11, 11:33 AM

What about making it difficult to harvest?
Plant some prickly pear cactus in amoung the plants.
OMG those needles hurt and there are thousands on each plant.

Harry Chickpea · #5 10/31/11, 11:41 AM

Reality? Don't plant more. The "wildcrafters" often leave their morals at home, and having a known source of goodies is like setting car batteries out by the street. Ginsing is becoming a commodity crop anyway, there are now places set up as farms for the stuff.

Sometimes you fight the flow, other times you let the river wash by. For the relatively small amount of cash loss, you will have reduced trespassing. Or... you can spend more in game cams, fences and protective gear and live in fear.

carolinagirl · #6 10/31/11, 11:43 AM

Game cams might help figure out who's stealing your crop. I'd fence the place in and put a couple of good dogs in there to deter future theives.

Dutchie · #7 10/31/11, 11:51 AM

Could it be some animals eating them?

mekasmom · #8 10/31/11, 12:03 PM

Quote:

Originally Posted by Dutchie

Could it be some animals eating them?

No, it would be thieves selling it.

I'd get a triplet of big akbash or other human aggressive guard dogs to watch the place. GP would be too soft, and wouldn't keep humans away.

**Shrek** · #9 10/31/11, 12:17 PM

Contact the local LEO about regs for properly posting the property and increasing patrols.

Install motion activated cams , maybe some with lighting or audible alarms.

Plant perimimeter obstacles to the area containg stinging nettle, sawbriar, poison ivy etc along with fencing.

Contact a local attorney for a free consult if it continues.

Common Tator · #10 10/31/11, 12:43 PM

Have a game camera set up to catch the car, and make sure the quality is good enough to get the license plate number, and another to catch the thief as he or she digs up your crops. Then call the cops.

I realize this is late for this year, but I'm assuming they will be back next year, after you replant.

wogglebug · #11 10/31/11, 01:22 PM

Report what happened to the police this time, make sure at least that the report references previous occurrences even if you didn't report them then, make sure the report contains a good estimate of monetary value - both saleable goods and destruction of growing plants, and get a reference to and hopefully a copy of the police paperwork so you can go back to that report in the future. Don't be shy about your estimate of value either - a big enough number may lift the crime up to a felony or even grand larceny (check your local laws), and that can affect how much effort the cops put into matters. That all probably won't help you now, but if you catch them next year you or the police may be able to dig into their bank accounts and pin a big amount of money to the time of this year's theft, and sue them for that as well as next year's haul.

Common Tator · #12 10/31/11, 02:06 PM

If you have a local farmer's market, you might want to pop by and see if anyone is selling locally grown, fresh ginseng. Take their picture from enough of a distance that they don't get suspicious. Check the pictures from your newly purchased game cams to see if they show up. If so, you know where and when they will be on farmers market day!

Note how much they are selling it for. Then pay attention to see if they show up in your neighborhood. They may be your culprit, or they may know who it is, say, they might have a competitor who undercuts them on price,because they steal their inventory. At least the price they are charging will help you to establish a value for your loss.

Farmerwilly2 · #13 10/31/11, 03:48 PM

I'm no lawyer, but I did once spend a night at a Holiday Inn Express in London Ky. I'd go with the www*. Not as severe as sss but almost as sasifying.

* Those not from KY or similar areas where hangy-downs are still legal and where the only time somebody "occupies" something is when they're the legal owner or tenant, www would be wait-watch-whoop the every livin snot out of the theivin sum-b.

fishhead · #14 10/31/11, 04:14 PM

It's hard to drive away with 2 flat tires. Then they might have a hard time explaining why their knees and hands are so dirty.

How did the tires go flat? Beats me.

mekasmom · #15 10/31/11, 04:56 PM

Quote:

Originally Posted by fishhead

How did the tires go flat? Beats me.

Jack rocks? It would work, but be highly illegal.

Common Tator · #16 10/31/11, 05:01 PM

And to answer your question, no. You can't put your dogs on them. That will get you sued. But you can fence the area and contain the dog there. They will be less likely to enter your fenced enclosure if there is a big, yapping guard dog.

beaglebiz · #17 10/31/11, 05:16 PM

Quote:

Originally Posted by Common Tator

If you have a local farmer's market, you might want to pop by and see if anyone is selling locally grown, fresh ginseng. Take their picture from enough of a distance that they don't get suspicious. Check the pictures from your newly purchased game cams to see if they show up. If so, you know where and when they will be on farmers market day!

Note how much they are selling it for. Then pay attention to see if they show up in your neighborhood. They may be your culprit, or they may know who it is, say, they might have a competitor who undercuts them on price,because they steal their inventory. At least the price they are charging will help you to establish a value for your loss.

Some jerks did this to my neighbor, who operates a small orchard selling apples and cider via honor box. Another neighbor, about a half mile from there, shut down their home apple stand, due to thievery. Both victims found their apples being sold at the local flea market

Yvonne's hubby · #18 10/31/11, 05:56 PM

Quote:

Originally Posted by Jennifer L.

Do NOT shoot anyone for being on your property. They will end up owning your place.

Jennifer

Maybe... but "shoot" is just the first of the three S's

HeelSpur · #19 10/31/11, 06:05 PM

Quote:

Originally Posted by Yvonne's hubby

Maybe... but "shoot" is just the first of the three S's

DryHeat · #20 10/31/11, 06:27 PM

I suppose the top plant parts are cut away before marketing, but for next year if there's any chance the thieves might be pulled over with a fresh bagful you might take photos of the above-ground parts while in place. Surely the exact branching would be proof they were your plants? An extreme extension might be to dig up, photograph the roots, then transplant a vigorous-looking one next year right in that area. I'm thinking, have a way to identify *your* plants as well as having trail cam photos. Perhaps that's pointless if you can't spot locals selling likely stuff this year, though.