Interesting info

[forgeblast]

No trespassing signs | Log Home Builders Association

The link leads to this (see below in quotes), there is also a link for the signs. I thought it was very intersting considering the posts about code enforcement, and sometimes the lack of code enforcement. I wonder is this for real?



"We recently received an email from a member who posted our keep out signs on his property. He reported that our signs helped solve the problems he had been having with his neighbors and his local code enforcement agency.

You can buy a pair of these awesome no trespassing signs here.

Quote:
I am writing to let you know how well your keep out signs work.

I had a code enforcement officer (a little power hungry bureaucrat) come on to my property to ask about some fire debris that she had heard about but could not find. I was extremly polite and explained to her that it had been removed.

I then very politely ask her if she read my signs at the end of my driveway. She immediately turned toward me and said DON'T YOU THREATEN ME!

I told her I was not threatening her, I was merely asking if she saw my signs. She again told me "DON'T THREATEN ME, and you can't have that outside storage building on your property." She then started to write me a violation for my storage building.

I requested her supervisors name and phone number, which she gave me with a very cheeky attitude. After she left, I called her supervisor and told him what had happened. I asked him to explain exactly why this officer had been on my land, and if the officer was aware of what the 4th amendment said. I also respectfully offered to send his employee a copy of the U.S. Constitution, since I felt she had violated my rights.

He said that they were very aware of what the Constitution said, and that because a complaint had been filed by a neighbor about my fire debris, his office had to follow up on it.

I agreed with him, but explained that a code violation does not constitute grounds to trespass on my land.

Silence.

He asked me what I wanted. I told him that I simply wanted to be left alone. He said that he would check in to it and get back to me.

I informed him that if I received any kind of citation from their office, that I would consider said citation as proof that his employee had trespassed on my land -- and that I would press charges.

It has been about 2 months and I still have not heard one thing from them; her or her supervisor.

Thanks for the help!"

 

[higgy]

hmm... Wonder if it is true. If LE wants on your land they will come on your land. They may come later with a Search Warrant, but they will come.

The testimony does not ring true with what I know. But then I am far from an expert in this area.

 

[jlsmith]

Just wondering why you couldnt have a storage building on your land? Sounds like someone let a badge go to their head lol. Good job for sticking up for your rights.:thumbsup:

 

[EarPlug]

There is a case in Adams County, Colorado that involves a rural property and Social Services and the Sheriff. The property owner confronted SS and Sheriff halfway down the drive to the house. Told them they were trespassing and to leave. They left. The next day he was arrested charged with one count of felony assault on a police officer and two county of felony menacing on the two social services case workers.

Why? "I was standing in my rural driveway holding my shotgun when they drove down our one quarter mile long driveway. I never pointed my gun at anyone, I never threatened anyone. Apparently, if officials of the county come onto your property the Colorado Constitution (Article II, Sections 3 & 13) have no value or meaning."

More details of this encounter may be found on the web site: The RuralJustice.com website.

After a trial and appeal here is what happened.


5/26/2010: Judge’s Ruling For Acquittal Now Available

The Ruling is interesting from a number of perspectives:

The Respect for Private Property
The repeated assertion that the Sheriff’s Deputy and Social Service Workers were illegally upon private property
The fact that no force was applied to the Sheriff… and no assault
The fact that force may be applied to evict trespassers from your property
The Fact that “Government Actors” have a responsibility to look for and abide by “Keep Out” Signs
The assertion that “Government Actors” do NOT have a right to contact you on your property simply because they do this routinely.


This ruling only applies in Adams County, CO but should now be part of "case law".

It is a pretty interesting story if you have the time. Go here RuralJustice.com and start reading from the bottom of the page.

Jack

 

[sweettractors]

Property,Gun and personal rights are slowly being taken away. Just like a slow cancer eating away at us. We don't know the shape we are in until it is too late. Ken Sweet

 

[tallyho8]

I don't know about everywhere, but in Jefferson Parish LA., code enforcement officers can not step foot on your property. They may not even knock on your front door.

They can not cite you for any violations that they can not observe from the public street or from neighboring property if the neighbor gives them permission to access it.

Of course, if you get a building permit, this permit gives them permission to access your property.

 

[forgeblast]

Just wanted to clear up, not me in the article , it was one that i found when looking at log homes.

 

[scgargoyle]

That's interesting. I had an inspector ding me because one of my vehicles was not registered. Since you could not tell that from the street, I asked him how he knew. He said he looked behind it. I asked if he had a warrant, and he said he did not need one if they had received a complaint (Which means my neighbor also trespassed). Which is it? Can they come on your property without a warrant or not?

 

[schmism]

its my understanding that a "complaint filed" is probable cause to enter the property to investigate such complaint.

but if you enter looking an unlicensed vehicle (as per a complaint) you cant not write a ticket for something completely unrelated to it as it is outside the scope of the probable cause they used to enter the property.

 

[tallyho8]

Even if a complaint is filed here, they can not come on your property without a warrant.

 

[77transam]

Man don't even get me started!:mur: I tell you this is the greatest country in the world :thumbsup:, but the gov. seems to be doing everything they can to screw it up!!! Seems like every day we hear about some politician/lawyer/judge or gov. official trying to change or reinterpret the U.S. Constitution/Bill of rights to fit their personal ideal of how things "should be.":thumbdown:

The Constitution/Bill of Rights are in reality a simple and straightforward set of blueprints for how America's citizens and gov. should interact and operate.
It's about checks and balances.
It's about protecting the people from tyrannical gov. rule.
It's about freedom from persecution due to religious beliefs.
It's about the right to free speech.(no matter how much it ticks u off)
It's about the right to defend oneself/property from forced,unlawful search or seizure,(By the either the gov. or a fellow citizen) In both the physical sense and the judicial sense.

These are just a few of the primary principles and guidelines the founding fathers had in mind when they drafted these documents. So many Americans forget that the good ole' USofA is a REPUBLIC! (...The Republic of the United States of America, ever heard of it? or "I pledge allegiance to the flag of the United States of America, and to the REPUBLIC for which it stands..." how 'bout that one?)

A republic is a form of government in which the people or some portion thereof retain supreme control over the government, and in which the head of government is not a monarch. Democratic principles were used in the drafting of the Constitution and The Amendments therein,and democratic processes are used in electing our (so-called)leaders, but this nation was founded so that the "common man"(people) ultimately had control over the gov. and their own destiny, personal lives and would be free of unjust persecution at the hands of elitist rulers or dictators(Monarchs). :thumbsup:

Life,Liberty and the Pursuit of Happiness are Sovereign Rights given to us by our Creator and The Declaration of Independence.(PERIOD)

(Sorry, I didn't mean to go on a rant there, but I truly love this land and it breaks my heart to see the direction this nation seems to be heading in.)

 

[Redgoatea]

Okay I have to put in my two cents on this.

I was a county sheriff deputy here in Oregon for three years. In that time I served my share of summons and warrants to people on private property with No Trespassing signs. The paperwork was my justification for being on their property. However in the state of Oregon without those papers I had no right or reason to be on their land. If I was delivering a civil summons and they had answered the door with a huge pot grow right in their front room I couldn't have done a thing about it. Unless I was there for something to do with drugs it would have been an illegal search for me to act upon it and thrown out in court.

Apparently thing are run differently in other states but here property owners still have a lot of rights. Hence the security gate and signs blocking my own driveway. 7

 

[Taylortractornut]

My mother lives in a private community around a lake. THey had a temporoary code enforcer. He was a little short ex Navy has been. I hate to say that about a serviceman. He was a real tool. My mother bought 2 lots after her and dad divorced, I had not spoken to her or seen her in almost a year. When we talked she told me she was wanting to add on to her house and that she wanted me to do the dirt work and excavator work there. I went in too look at it and My mom told me about the gaurd. I stooped at the gate and told him my mothers name and what I was there for. I couldnt remember her nouse number and he wouldnt let me in. I called mom and she got it straigtened out.

They do have a rule that trucks over 80 000 pounds must use a gravel road. I came up there in my 1 ton dump and mini ex on the trailer. This sawed off little dried up man pulled his golf cart across in front of me. Well he siad I would ave to go the gravel road. I told him that I was way under 80 000 GVW. He told me I dont care this is my road. I tried to explain that the road was made from creeks gravel wit no fines and I couldnt climb them with my set up as it ad an up hill hairpin turn.

I just took the paved road. He came down there and got beligerent with mom. That time I escorted him off the place and I also told him what happened the next time he spoke to mom that way.

When any house was being built he made his self code enforcer for the HOA that didnt require one. Well he set in on my workThen he set in on moters little dogs that rode 4 wheelers with her. Well long story short after it was out that he wasnt a liscend inspecter or securit gaurd or even allowed to diver traffice or such He was forcible perswaded to drop his position. Hes alot nicer now.