Tresspassers and Cable Gates.

dmccarty · Mar 19, 2002

The following happened this weekend. I waited to see if there
was going to be any other information on the incident but
so far I have seen none.

A local property owner was having problems with people dumping
trash on his property. He put up a cable across the road/trail that
was on his land. A group of ATVs had gone done the road/trail prior
to him putting up the cable. At dusk/dark the road out again. The
lead rider hit the cable, had massive internal injuries, took 26+ pints
of blood, and died.

The Sheriff said he is not pressing charges against the land owner
since it was his property.

The ATVers said they had been riding down that road/path for 20 years.

What the bozo reporters failed to ask the family and friends....
"Did you have permission?"
"Did you know you were tresspassing?"
"Did you see any signs?"
Nope, they were to stupid to ask those questions...

The reporters did show the cable and it was loaded
with flagging and no tresspass signs. It was not clear
if that was the case prior to the accident.

I'm sure there are car/bus load of lawyers running to
the family to file suit agains the land owner.....

FYI,
Dan McCarty

beenthere · Mar 19, 2002

Doesn't sound like a good plan to put it up after they went in, catching them on their way out. It did get their attention, though it may get him a lifetime of misery. Times are changing, as more and more people are growing up thinking that if they can see it then they have a right to it (walking or biking, or whatever), and more and more landowners are saying "I pay the taxes, and you keep the heck off my land". Not a pretty picture.

JoeR · Mar 19, 2002

Very sad....

I have put up no trespassing signs, just to find people ignore the signs. People no longer respect other people or their property.

As for the lawyers: I remember a case in New York City in which a woman bought a large German Shepard to protect herself and her apartment. During the night, and burglar broke in through her living room window. The dog mauled the intruder, and the police were called. The burglar sued the woman for his injuries and won!

This is an example in which the bad guys can win...

Joe R.

Jag · Mar 19, 2002

DMC, please keep us updated....

I for one am very tired of people coming and going and doing anything they feel like doing on other peoples land with impunity.. and then trying to say anthing thing about it when something does not go their way. I have people going around locked gates, pushing down fences, cutting cable and locks off all the time... It appears that if I am not there it is ok. I have been cussed out and called all kind of names when I have asked people to move there trucks so I can get to my own gate. I try to be nice to people the first time, but you would not believe what they have to say when you ask them about the sign they just went around or all the property line markings. "I did not see it" or It was on the other side of the field".... Turkeys season starts soon and it will not be real safe for me to work out in my own pasture.....

Golfgar4 · Mar 19, 2002

How 'bout this one? A few years back, a convict escaped from a State prison. During his escape, he knocked a kid off his motorcycle and stole it. In trying to escape from the police, he drove into a farmer's freshly plowed field. The tires of the motorcycle (not a dirt bike) bogged down in the fresh dirt and flipped him over the handlebars, breaking an arm and a leg. Of course, the police captured him. From prison, the guy sues the farmer FOR NOT PLOWING THE FIELD IN THE RIGHT DIRECTION, and WINS/w3tcompact/icons/shocked.gif/w3tcompact/icons/shocked.gif/w3tcompact/icons/shocked.gif! I mean, come on. Fortunately, the jury only awarded him $1.00 for pain and suffering. But the insurance company still can't figure that one out!

Alan L. · Mar 19, 2002

Seems to me that there ought to be legislation that says if you are injured while trespassing or otherwise performing an illegal act, you waive all rights to any damages. In other words, you get what you deserve.

Golfgar4 · Mar 19, 2002

You'd think. But it seems that the criminals have more rights than the victims do. How many times have we heard about the victims getting charged with some crime, or having to pay court costs or some other really stupid thing. It really torques my jaws /w3tcompact/icons/mad.gif.

RanchMan · Mar 19, 2002

Alan -

Here's a couple of links to Texas law regarding this subject- It isn't "bulletproof" in regards to protecting the landowner, but at least it gives us some protection.

CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY

http://www.capitol.state.tx.us/statutes/pe/pe003000toc.html

unaka · Mar 19, 2002

In regards to those people who are tire of trespassers:

As far as people trespassing again and again, the problem usually is that people will not prosecute when it comes right down to it. My uncle leases several hundred acres in SC that we manage for deer hunting (with our tractors, of course!). We plant various crops to attract and feed deer, turkey, and other game. When we first posted the land about 5 years ago, we did encounter some problems and many trespassers. My uncle was unyielding and unapologetic about prosecuting trespassers, and to me, seemed like he was being mean to these people.
However, it didn't take long for people to get the message: If you trespass here, you WILL be prosecuted.
Whenever we find someone trespassing, which is seldom these days, we simply call the game warden, and let him take care of it. We NEVER confront these folks, unless it is to tell them that they are trespassing, and the law has been called. The reasoning here is that we're ticked enough that they are trespassing, and they're ticked because they have been caught. Add guns to that equation and it's easy to see why it's best to leave those actions to the law enforcement folks.

The main thing is that you have to have the stomach to prosecute. Once you prosecute a couple of people, usually the others get the message that your serious and they'll leave you alone.

billfires · Mar 19, 2002

We have a "cart path" on the side of our property that was apperently a local drinking/parking spot over the years. It was posted but didn't do any good. The end near a utility right of way was taken care of with stumps from when we cleared the house lot but the end at the street is blocked with a 8-900 lb. slab of cement that is approx. 14-15 inches high. It appears that a vehicle struck it at some point. Hopefully this will alleviate the trespass problem.

Bill C