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02/28/08, 11:47 AM
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Join Date: Sep 2004
Posts: 1,040
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Quote:
Originally Posted by RichieC
How?
1000 years of Anglo-American common law, reinforced by specific statutes in every state of the Nation.
So such landowner would be lying under oath at trial, or, earlier, would be lying to a police officer and thereby obstructing an investigation? Then the landowner is a criminal, period. And perjury and obstruction are far more serious crimes than tresspassing.
So feel free to petition your legislature to change the law. That is NOT the law now. Period. Not negotiable or subject to debate.
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Well it would take some proof to prove there was a lie or an impeding an investigation and if the landowner never states that he did it would be impossible to prove beyond a shadow of a doubt that he or she did or someone else did not... you would be making assumptions
landowners protecting thier property or not being upset if a trespassin scum is hurt does not make a landowner criminal at all... your facts and reality are skewed by liberal and sick thinking. Just because the liberal courts decide something does not make it "right" or moral...
as far as the seriousness of a potential perjury vs trespass being more serious - that is your reality not someone elses that believes in propery rights over criminal rights. The potential to blame,accuse or convict a property owner of such would not even be an issue if the scum did not break the law and trespass to begin with...
I personally wish more folks would be hurt/killed trespassing without recourse- it sure would cut down on thier illegal actions- at least it would cut down on repeat offenders
then again I want mine fields at our borders...
Last edited by tallpaul; 02/28/08 at 11:49 AM.
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02/28/08, 12:08 PM
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Join Date: Feb 2007
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I have a friend that has some land pretty far out and very secluded that he uses to test all types of inventions. He had never noticed any ATV or dirtbike users on his land as he is not out there. His 2200 acres is chain linked fenced 12' tall, razor wire at the top with no trespassing signs every six feet. He had a permit on file with the city as well a the government as a registered testing site.
Well some kids and their fathers cut the fence one day and proceeded to ride on his property while he still had one of his new nearly invisible net things he was testing that was strung between four trees. Long story short one of the fathers was killed instantly when he ran into the net..
What I find outlandish is that it went as far as it did in court before they got booted out. How many security measures must we put up to tell people thay are not allowed in. And when these people do we are liable for their stupid actions because they are on our land. We did not invite them to ride or hunt or steal.
Where does the line get drawn?
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02/28/08, 12:13 PM
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Join Date: Sep 2004
Posts: 1,040
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wewantout- the estate of the guy that was killed,because of his own actions BTW- should have had to pay the court costs,defense costs, clean-up costs and the repair of the fences.
I hope it was odered by the court anyhow although the likes of some here would feel it unfair it is and would be warranted and the right thing.
as far as how much do we need to do- I feel nothing- don't go where you do not have permission in advance and ya won't have a problem will ya. Stay out should not be required to be posted anymore than we should need "press one for english"
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02/28/08, 12:19 PM
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Join Date: Feb 2008
Location: Georgia
Posts: 349
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In China, if you are found guilty of a capital crime, they take you out back and shoot you ... and then they bill your family for the price of the bullet.
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02/28/08, 12:22 PM
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Banned
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Join Date: Aug 2004
Location: Ontario, Canada
Posts: 1,278
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Quote:
Originally Posted by wewantout
I have a friend.....
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This sounds like it must have been big news, and surely at least made the local paper. Please provide a link to the said story to verify it's authenticity.
I'm openly calling you on this one. This story is either urban legend, or much more likely you just made it up. I want proof. If you provide it, I'll publicly apologize for calling you a liar.
Pete
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02/28/08, 12:33 PM
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Join Date: Sep 2004
Posts: 1,040
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Quote:
Originally Posted by RedneckPete
This sounds like it must have been big news, and surely at least made the local paper. Please provide a link to the said story to verify it's authenticity.
I'm openly calling you on this one. This story is either urban legend, or much more likely you just made it up. I want proof. If you provide it, I'll publicly apologize for calling you a liar.
Pete
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Ya could look it up and ifin YOU can't prove he is lying then maybe you should appologise. You could prove him guilty. Why should he have to "prove" anything to you... it would not be the first case in history where a criminal or his or her estate was told too bad so sad... it is not a one of incident... there is some justice in this world yet.
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02/28/08, 12:58 PM
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I live in town and we have had snowmobilers ride thru our front yard and break off small trees that we'd planted. Also 4-wheelers. We have had kids cut thru our yard and our garden enough to leave paths. So even townies have to live with stupid selfish people who do not respect property. Calling the local police would do no good because even tho its only a matter of 8 blocks to the police station they would be long gone before anyone arrived.
When I was a teenager we had hunters coming on our farm and it was posted. They left gates open and shot at livestock. My dad had enough and took his shotgun and circled around behind the men, got the drop on them, and invited them to put their guns down and leave. He unloaded the guns and returned them to the men.
Same farm when granddad lived there. Someone in the middle of the night was at the gas barrel stealing gas. Granddad shot over their heads to encourage them to leave which they did. He could easily have shot them if he'd chosen to but didn't.
Farm crimes have increased over the last few years. Yet defending property has become a criminal offense. I'm sorry but to me that is just wrong.
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This is the day which the Lord hath made; we will rejoice and be glad in it.
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02/28/08, 01:05 PM
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Join Date: May 2005
Location: In the state of Liberty and Freedom I create.
Posts: 132
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There is something to be said for the triple S principle as well as knowing when to say absolutely nothing at all.
If one were to use less than PC methods to deal with problems, one would be wise not to discuss them on an open forum nor with anyone else, not even their spouse or even their attorney.
As one poster states, "A closed mouth gathers no busybodies."
Now, as for those who think that the letter of the law should always be followed, well, all I can say is there is the law and then their is justice. Or better said, there is what lawyers say one ought to do and what regular people do to protect what is theirs because there are some who did not listen to what the lawyers said in the first place, such as it is a crime to trespass, and after trying the lawyer way and finding out that it does not work one tends to find more effective ways of dealing with problems in non-discussed ways.
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Those who refuse to respect the natural rights of the individual and uphold their oath to protect and defend the Constitution deserve the punishment they receive.
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02/28/08, 01:09 PM
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Join Date: Aug 2007
Location: New Hampshire
Posts: 1,682
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Quote:
Originally Posted by tallpaul
Ya could look it up and ifin YOU can't prove he is lying then maybe you should appologise. You could prove him guilty. Why should he have to "prove" anything to you... it would not be the first case in history where a criminal or his or her estate was told too bad so sad... it is not a one of incident... there is some justice in this world yet.
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You can't prove a negative.
I'm not finding it on Lexis. So I agree, that story was bat pucky. Let's see a link.
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"If you have ten thousand regulations you destroy all respect for the law." -- Winston Churchill
Last edited by RichieC; 02/28/08 at 01:11 PM.
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02/28/08, 01:11 PM
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Join Date: Aug 2007
Location: New Hampshire
Posts: 1,682
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Quote:
Originally Posted by lonewolf
There is something to be said for the triple S principle as well as knowing when to say absolutely nothing at all.
If one were to use less than PC methods to deal with problems, one would be wise not to discuss them on an open forum nor with anyone else, not even their spouse or even their attorney.
As one poster states, "A closed mouth gathers no busybodies."
Now, as for those who think that the letter of the law should always be followed, well, all I can say is there is the law and then their is justice. Or better said, there is what lawyers say one ought to do and what regular people do to protect what is theirs because there are some who did not listen to what the lawyers said in the first place, such as it is a crime to trespass, and after trying the lawyer way and finding out that it does not work one tends to find more effective ways of dealing with problems in non-discussed ways.
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There is the letter of the law and then there is justice. Absolutely.
And if my 10 year old is killed by some psycho's booby trap, I will very likely visit justice on said psycho.
__________________
"If you have ten thousand regulations you destroy all respect for the law." -- Winston Churchill
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02/28/08, 01:28 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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So far, it looks like the folks who are outraged at trespassing are the ones who have either been effected by it or know someone who has. The ones who defend the trespassers don't own their own land, but want to live like they do, trespassing, hunting, fishing, ATV riding, and all of that takes away from the men and women who worked hard and sacrificed financially to achieve their dream of their own little piece of Gods green earth.
You don't know what it is like to go into your own orchard and hear a shotgun go off a few feet away. That happened to hubby. A bird hunter snuck onto our property thinking we weren't there and fired at a bird not 10 feet away from where hubby was standing.
You don't know what it is like to be home alone and suddenly the front door bursts open because a couple of hikers saw the house and decided to look inside. That happened to me. No strangers ever burst into my home when I lived in the city, just at the ranch.
A religious camp nearby used to own our ranch. When they did, their members used to come over and pick bags full of apples in the fall. We found out about this the first fall we owned the place, when we heard many voices in the orchard a,d found 50 people there. They came with their bags ready to fill, and they knew that their church organization had sold the place 10 years earlier. This past fall I went over to that camp and gave them a flier about us being open for U-Pick, and I listed the dates and times we were open and the price per half bushel bag. Not one of them wanted to PAY for the apples, they just wanted to steal them. I have had discussions with the camp management several times and they agree that the behavior isn't very Godly, but they don't control their campers.
As I mentioned above, some of my trespassers have come back later equipped to steal more and more expensive things from us, and farm theft is now an industry. I live in California and this State has made trespassing on farms a more serious crime than other types of trespassing. That is a step in the right direction! Losses to farm thefts are now in the BILLIONS of dollars.
I shouldn't have to, but I have gone around my ranch with a digital camera and photographed our equipment and documented serial numbers. Our trespassers have cost us many thousands of dollars already, and I have no mercy or sympathy for them, just as they have no sympathy or mercy for us. They aren't just nature lovers gone astray, they are criminals.
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I yam what I yam and that's all what I yam.
Popeye
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02/28/08, 01:31 PM
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Join Date: May 2005
Location: In the state of Liberty and Freedom I create.
Posts: 132
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Quote:
Originally Posted by RichieC
There is the letter of the law and then there is justice. Absolutely.
And if my 10 year old is killed by some psycho's booby trap, I will very likely visit justice on said psycho.
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Should you of not made sure your 10 year old was not where he or she should not have been? I mean, it is YOUR fault that your child is dead because you did not make sure of his or her location. See, the situation cuts both ways.
By the way, you sound like a law-frocked vigilante, saying that you will find justice against the one who wronged you yet you did nothing in your example to prevent it from happening. Though you do seem to want to cause harm to others. Interesting how that sentiment can run both ways.
Seems to me that you take offense that someone would be offended by trespassers and that the same property owner might take measures they seem to think are appropriate given the situation. Were the trespassers not causing a problem it would be a very likely hypothesis that the landowner would not be forced to take potentially harmful measures just to protect their property.
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Those who refuse to respect the natural rights of the individual and uphold their oath to protect and defend the Constitution deserve the punishment they receive.
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02/28/08, 01:31 PM
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Join Date: Feb 2008
Location: S W Virginia
Posts: 79
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Well said Tater
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02/28/08, 01:31 PM
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Join Date: Oct 2007
Posts: 34
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Quote:
Originally Posted by RichieC
There is the letter of the law and then there is justice. Absolutely.
And if my 10 year old is killed by some psycho's booby trap, I will very likely visit justice on said psycho.
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Maybe you shouldnt bring the kid when youre planning to go out and commit a crime?
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02/28/08, 01:35 PM
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Join Date: Aug 2007
Location: New Hampshire
Posts: 1,682
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Quote:
Originally Posted by Common Tator
So far, it looks like the folks who are outraged at trespassing are the ones who have either been effected by it or know someone who has. The ones who defend the trespassers don't own their own land, but want to live like they do, trespassing, hunting, fishing, ATV riding, and all of that takes away from the men and women who worked hard and sacrificed financially to achieve their dream of their own little piece of Gods green earth.
You don't know what it is like to go into your own orchard and hear a shotgun go off a few feet away. That happened to hubby. A bird hunter snuck onto our property thinking we weren't there and fired at a bird not 10 feet away from where hubby was standing.
You don't know what it is like to be home alone and suddenly the front door bursts open because a couple of hikers saw the house and decided to look inside. That happened to me. No strangers ever burst into my home when I lived in the city, just at the ranch.
A religious camp nearby used to own our ranch. When they did, their members used to come over and pick bags full of apples in the fall. We found out about this the first fall we owned the place, when we heard many voices in the orchard a,d found 50 people there. They came with their bags ready to fill, and they knew that their church organization had sold the place 10 years earlier. This past fall I went over to that camp and gave them a flier about us being open for U-Pick, and I listed the dates and times we were open and the price per half bushel bag. Not one of them wanted to PAY for the apples, they just wanted to steal them. I have had discussions with the camp management several times and they agree that the behavior isn't very Godly, but they don't control their campers.
As I mentioned above, some of my trespassers have come back later equipped to steal more and more expensive things from us, and farm theft is now an industry. I live in California and this State has made trespassing on farms a more serious crime than other types of trespassing. That is a step in the right direction! Losses to farm thefts are now in the BILLIONS of dollars.
I shouldn't have to, but I have gone around my ranch with a digital camera and photographed our equipment and documented serial numbers. Our trespassers have cost us many thousands of dollars already, and I have no mercy or sympathy for them, just as they have no sympathy or mercy for us. They aren't just nature lovers gone astray, they are criminals.
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I own land. Quite a bit of it, actually. People have no doubt tresspassed on it. I still decline to maim or kill them for that very minor offense. I contend that people who would do such a thing are sociopathic criminals who should be in jail.
If you have a beef with poachers or burglers, you have a beef with poachers or burglers. Tresspassing is something else entirely.
One other characteristic of the Redneck Rambo is that he very likely has not complied with the posting requirements for his state, but expects everyone to magically recognize his land, and the fact that it is posted on pain of death.
__________________
"If you have ten thousand regulations you destroy all respect for the law." -- Winston Churchill
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02/28/08, 01:35 PM
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Fair to adequate Mod
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Join Date: May 2002
Location: Between Crosslake and Emily Minnesota
Posts: 13,722
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I can tell this thread is most likely just continue to be a ----in' match so I'm going to close it and have the last word.
Whether you like it or not, if you set booby traps on your property with the intent to do harm to trespassers, you will most likely be held liable.
It's like the story of the farmer who set up a shotgun in his barn to automatically shoot whoever it was that was breaking into his barn and stealing his eggs. Guess what...the booby trap worked! The intruder was shot...but not killed. The farmer is in jail and the intruder now owns the farm.
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This is the government the Founding Fathers warned us about.....
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