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07/15/12, 10:44 AM
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Born in the wrong Century
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Join Date: Jan 2009
Location: Michigan
Posts: 5,072
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Quote:
Originally Posted by CarolT
Was the road they were cutting trees and digging asparagus on your driveway or a road maintained by the county or state? Not sure about there, but here, if the county maintains it, it is public property and we can't do anything about things like that 
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Here and I'm pretty sure there also, the road is a "right of way" that means just what it says. the right of way is 50' from the center of the road.
the land owner is still taxed and the land is still private. the owner retains ownership rights.there are easements for municipality's and utility's within the ROW the use is clear.
For instance no one may trap in my ditch with out permission.
If I have a Apple tree in the ROW those are my apples and my tree.
though if it interferes with the right of way or utility easements those entity's may legally rectify it.
the general public only has the legal right to use that property for travel.
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07/15/12, 10:49 AM
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Join Date: Mar 2003
Location: South of DFW,TX zone 8a
Posts: 3,554
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DGFALL, would you let us know what state you are in? In Texas, you have a right to protect your property, as well as your self and family. I'm not arguing your point about talking, gates and fences. I'm asking a question to better understand some of your comments.
Ed
__________________
"Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness."
Thomas Jefferson to George Washington 1787
Last edited by whiterock; 07/15/12 at 10:52 AM.
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07/15/12, 10:51 AM
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Join Date: Sep 2011
Posts: 62
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"Those who trespass are a threat to my family they are dealt with. You do what you want on land you own. I have just cause to have a person with me who is load and ready on my property. Guns are good protection from those with out the morals who trespass."
Kasil, I believe that you believe what you say. I hope you never act on what you say you believe, because if you do you WILL go to prison.
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07/15/12, 10:56 AM
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Join Date: Feb 2005
Location: Alaska- Kenai Pen- Kasilof
Posts: 9,376
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DGFALL
Tell you what you got 1.5 and you can have a say about the land I own today. You could own it and then allow people to do what ever they want on you new piece of heaven. Now it comes with bears --mainly brownie --Personally I saw no reason to kill them off - so they are there. Would have been silly to really think that I could rid the bears my land is a highway for them to the river. I tend to let them be. My neighbors and I work together to keep track of the movements of the bears and we call and post the the warning flags when the are about. There are natural dangers living anywhere --people trespassing are not in the loop. I have signage --it cost me money ---
I grow food here. Nice flat cleared area that till things sprout does seem to some to be a "cool" place to 4 wheel on. Nothing like planting trees and bushes for fruit and berries to have a sled smash them down along with a fence. Actions by trespasser impact my ablility to provide food. Animals being chased have harmed my meat. Trees cut is stealing a wind breaker or my firewood . No I paid for these things and I do not sit back and politiely deal with impolite people who are stealing from me. My willingness to own this land provides property taxes which is my giving back to strangers --So thank me and show your apprecation and stay off my land.
I do not want anyone hurt and I want to enjoy the use of my land to provide food, wood and peace. I wanted it enough to pay for it and to live up to the terms of the contract. Who are you to tell me I need to invest more money to prevent in fencing when I know that to do so harms goals.
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07/15/12, 11:00 AM
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Join Date: Sep 2011
Posts: 62
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White, I am in Virginia which is a pretty much law and order type of state. Even in Texas unless the thief is armed ( pick your weapon, knife, club, gun etc) and threatening you you cannot shoot him. If you do you go to prison.
Are you trying to tell me that an unarmed 17 year old kid is stealing beer out of your open garage means you have the right to blow him away? I also hope you never act on what you believe is the law or you will also be rooming with Big Phyllis in a 60 sq ft condo.
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07/15/12, 11:02 AM
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Join Date: Mar 2003
Location: South of DFW,TX zone 8a
Posts: 3,554
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Thank you DG, you answered my question.
Ed
__________________
"Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness."
Thomas Jefferson to George Washington 1787
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07/15/12, 11:03 AM
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Banned
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Join Date: Oct 2006
Posts: 12,448
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Quote:
Originally Posted by DGFALL
Pancho, I don't know what country you live in, but if you live in the USA you will go to prison for shooting anyone unless you can prove that you reasonably believed that your life was in mortal danger. Under the castle doctrine if someone kicks in your front door and enters your house you may have a case for shooting them, but not necessarily.
I will guarantee you this. If you ever shoot someone your life will be forever changed.
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I live in Ms.
You can shoot a person who is stealing from you and you will not be charged.
Your life does not have to be in danger.
Just recently a man shot another through his front door. The man was attempting to kick in the door. No charges were filed.
In another a man shot another man through a window of his house. The man had broken a window and was reaching in trying to unlock the window. No charges filed.
One more case. A man I knew personally shot two men when one stopped him as he exited a convience store demanding money. When he refused the man pointed to a car blocking him in with a man holding a gun out the window. He shot both. Again, no charges filed.
One more. A clerk in a convenience store shot a man who stole a 6 pack of beer and ran from the store. The clerk followed and shot him outside on the street. Again, no charges filed.
What you say may be true where you live but I can guarantee if a person gets shot during a theft where I live they will not be charged.
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07/15/12, 11:03 AM
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Join Date: Oct 2006
Posts: 577
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In our fencelines we wove blackberries in. These have grown into a non crossable fence that looks natural but a strong deterrant against crossing. In Missouri we get the blackberries from County Extension cheap. Anyone that does get through the fence won't be able to say they accidently crossed it. On the plus side we picked 14 gallons of berries this year.
Add to this signs that say--ALL TRESSPASSERS WILL BE SHOT ON SIGHT-- and a rep spread around that I'm a bit touched also helps. Even our close friends call before they come over.
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07/15/12, 11:05 AM
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Join Date: Sep 2011
Posts: 62
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Kasil, I am on your side. I also believe what you have said. I am not telling you how to manage your land. I am telling you what the law says. You have many legal remedies to deal with trespassers. BUT, if you shoot them and are caught you will also share a cell with Big Phyllis.
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07/15/12, 11:10 AM
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Banned
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Join Date: Oct 2006
Posts: 12,448
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Quote:
Originally Posted by DGFALL
Kasil, I am on your side. I also believe what you have said. I am not telling you how to manage your land. I am telling you what the law says. You have many legal remedies to deal with trespassers. BUT, if you shoot them and are caught you will also share a cell with Big Phyllis.
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You do realize different states have different laws?
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07/15/12, 11:13 AM
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Join Date: Sep 2011
Posts: 62
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Pancho, look at your examples. In every one a person was defending his/her life. If you kick in someones front door the home owner has the right ( here in Virginia too) to use deadly force.
A trespasser as defined in this thread is a non threatening person unlawfully on your land. You CANNOT shoot them! Even in Mississippi! If that concept eludes you then take your guns down to the local sheriff and turn them in before you get in trouble.
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07/15/12, 11:14 AM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Quote:
Originally Posted by DGFALL
Kasil, I do not know where you have gotten your argument, it certainly is not on this thread. What is being said on this thread is that the remedies for trespassing DO NOT include firearms or the threat of violence.
It is suggested that polite conversation with trespassing neighbors is the first step in resolving the matter. If that dosen't work then hasher remedies are in order such as fences, gates and, or, notifying the authorities. You are never justified in taking the law into your own hands.
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This is the first suggestion you've made. All of your other arguments are about swatting down the land owners assertion of ownership of their own land. Talking nice to the trespassers only works if they are polite enough to stand still and talk to you. These jerks came screaming through the OP's yard on a golf cart as fast as they could. Then when the OP and her hubby tracked them down, they refused to come out of the house and man up.
How about offering a realistic suggestion?
__________________
I yam what I yam and that's all what I yam.
Popeye
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07/15/12, 11:17 AM
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Join Date: Sep 2011
Posts: 62
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Pancho, please name a State that allows you to shoot non threatening trespassers or some one digging wild asparagus without permission on your land.
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07/15/12, 11:21 AM
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Join Date: Sep 2011
Posts: 62
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HeyTator, you have two people on horseback trespassing in your front yard showing firearms yelling at you to come out of the house, what do you do? Duh! I would get my gun and call the Sheriff.
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07/15/12, 11:24 AM
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Join Date: Sep 2011
Posts: 62
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Also Tator my total argument is that taking the law into your own hands is insanity and if done with firearms will put you in the Stony Lonesome.
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07/15/12, 11:26 AM
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Big Front Porch advocate
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Join Date: May 2002
Posts: 44,425
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Quote:
Originally Posted by DGFALL
Kasil, I am on your side. I also believe what you have said. I am not telling you how to manage your land. I am telling you what the law says. You have many legal remedies to deal with trespassers. BUT, if you shoot them and are caught you will also share a cell with Big Phyllis.
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Are you an atty that covers all states? and are you in the DC area of Virginia or the rural areas? do you own land?
I ask, because you sound like a government worker trying to tell others how it works in their states without being there - so what are your legal qualifications to give an opinion on how it really works in other states?
This information would probably give more credibility to what advice you may give.
__________________
"Live your life, and forget your age." Norman Vincent Peale
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07/15/12, 11:27 AM
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Join Date: Sep 2011
Posts: 62
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" This is the first suggestion you've made. "
Obviously Tator you have not read the Thread because this is the first suggestion I made way back at the beginning.
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07/15/12, 11:30 AM
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Join Date: Feb 2005
Location: Alaska- Kenai Pen- Kasilof
Posts: 9,376
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DGFALL
Unless you are lic to practice law in Alaska you input is with out use.
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07/15/12, 11:32 AM
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Join Date: Feb 2005
Location: Alaska- Kenai Pen- Kasilof
Posts: 9,376
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Angie --Sorry great minds think alike
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07/15/12, 11:34 AM
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Join Date: Aug 2006
Location: central, mn
Posts: 2,906
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how did this thread get turned into robbers? its about tresspasers. i get them sometimes too and yes i dont like it and yes i tell them to stay off my property cuz there is liabilty in them being on my land. i guess my biggest thought is the op needs to make sure all the roads on her property arent egress-ingress roads first off. and if they arent then talking to the tresspassers first with out firearms should be the way to go. wow is all i have to say to all the good country folk who are so inclined to violence before anything else. i understand the principal of "i own the property and i pay for it" but come on where is this "lets get our guns and prove we are bad" coming from? talk about over-reacting jeez
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