Re: What's next? Long

Posted by Billy NY on January 03, 2013 at 06:35:00 from (72.226.79.200):

In Reply to: Re: What's next? Long posted by casenut1 on January 02, 2013 at 17:48:41:

I've had this discussion many times, and what you said often comes up. The law is seemingly clear on this in NY. It states by virtue of having posted signs conspicuously posted, that an owner has reasonable expectation that people will obey the sign, and stay out.

Now, lets say for example that at my place, atv's come in, do as they wish, cut fences, create disturbances like has been done right smack while I am sitting in my favorite stand. Lets say they steal one of the stands, can't get my favorite one as its pipe scaffold LOL !

The reaction of law enforcement is literally nothing, they don't want to deal with it and will try and talk you out of pursuing it on the phone, once you have someone ID'd. I did this exact thing, had a real problem with a neighbor, adverse possession and all the rest. They got the point several ways. Just under 2 years later, I catch his daughter red handed, with 2 young males in my field on dirtbikes, positively ID them, call the state police and he wants to talk me out of the violation charge and whatever else which would have ended up in family court given the age. Ok, I said, but these people are a persistant nuisance, and I want it on the record, this is the only way to do that, they don't take note of anything unless its official, ok, understood, she was let go, mouthy little POS to me in that field, in all the years I've caught kids, she was one of the worst, by attitude, most if not all the other kids are actually cool about understanding its private land and the owner does want it left that way. Around the same time, someone stole an expensive stand, stole everyones on surrounding lands, + cameras etc. The boys in gray just do not want to deal with this, I had 30+ on atv's come through my field, went illegally onto the NYS road and down it in broad daylight. Call the police, and its like well, are you sure, this and that, he tries to turn my words against me, I had all I could do to remain calm, ok I said, in short I just wanted you guys to know they came in 1000 yds, clearly trespassing on my land, the power companies land and illegally operating on a busy/dangerous 2 lane road, that included very young kids on these little atv's, well he sent a trooper to the house, I made him aware verbally and stated in your travels/patrol in the area, be aware of them as they will be crossing other roads, nice friendly young man and thanked him but that was it.

Given the above, given the current laws, and the attitude by law enforcement, its clear these laws are rarely enforced and not taken seriously.

A landowner does not have the legal mobility to do much, the trespasser, the atv rider/operator pays no attention to posted signs, plays dumb and uses same in their favor by challenging landowners by illegally trespassing.

With all that in mind, + another given, land taxes that are a mortgage alone, I think a landowner is prudent in the defense of his/her privacy, even if it means walking the thin line of the law, including the use of tire spikes, to stop them, ID them and provide time for the law to react when a trespasser is caught on a atv and cannot go anywhere. I would challenge this in court, no judge is going to recognize an illegal atv operator's claim of tire damage when a place is clearly posted, how does that work, oh, sir I hit your tire spikes while illegally operating my atv on your land that is clearly posted. LOL makes no sense !

A landowner wants to take it one step further, makes a citizen arrest, you're going to end up in court, because the police do not want you doing there job, and it states that you can but mostly when a felony crime is witnessed and the perpetrator is going to escape, that might stand, but do it on something lesser, better have that attorney on call, you could win, but its likely more trouble than its worth, so the previous, seems to be a better tactic, the law is clear on it, augmented by police being called to the scene because the person is stopped and you did not have to lay a hand on them or cause any harm.

Booby traps are anti personnel devices, we are not talking about setting up traps to cause physical harm to an unsuspecting trespasser. Again, with those signs, I firmly believe you cannot be held liable, they were clearly warned by the signs and my place is plastered with them, bright orange, signed in yellow paint marker like you use to mark parts.

Replies:

• Re: What's next? Long NY 986 08:42:51 01/03/13 (0)

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