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Trespassing?

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16 years 6 months ago #9943 by Kid at Heart
Trespassing? was created by Kid at Heart
Spinning off Old Magnets joke;

Other than surevyors, who have the right to cross property to conduct a survey, what government agencies have the right to enter private property?

I suppose the next question/statement has to do with things being clearly visible from outside the property; What mischief makers are lurking and waiting for you to do something wrong (in a rural setting) and can then enter your property uninvited?

I hear more and more that farmers etc. are being told what they can and can't do on their property. I'm curious about enforcement of such things.

David

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16 years 6 months ago #9944 by pushcat
Replied by pushcat on topic Where have we gone wrong?
It seems that the concept of private property is being trashed by everyone from local governments on up to and including the Supreme Court. Is it a case of complacency or is it GASP a vast left-wing conspiracy?

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16 years 6 months ago #9949 by gwhdiesel75
Replied by gwhdiesel75 on topic Trespassing?
I much enjoyed Old Magnet's humor, and the other story as above. I can't answer the question above fully, but as far as I know, the only government agency that actually goes on farmers' land uninvited are soil survey crews from what used to be known as the Soil Conservation Service. They started in the 1930s making maps of soil types in rural counties, for the benefit of the farmers. I think that Congress provided they could go on land, and that although the farmers had the right to sue for trespass, the damages were limited to "actual" damages. So the government was acknowledging that the farmers had the right to sue. While I was never a member of a soils survey crew, I suspect that ordinarily they would ask the farmer if it was OK to make a soil survey on his property. I know that is how I would handle the situation. The guys I knew who did the soil surveys were pretty level headed fellows, so I doubt they often raised the ire of a landowner.

Today, our government is approaching a police state. Too many laws, too many lawyers (and I'm happily retired), too many people. My two cents.

GWH

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16 years 6 months ago #9956 by Willie
Replied by Willie on topic Trespassing?
GWH I hope that this BB does not become a place for joke telling and other unrelated crap and hope you put a stop to it now before it goes farther , if not it will be time to start calling all the BoD members to stop it. You were quick to critisize a fraud warning on EBay here , but you fall right into this bullcrap,take it to another site.

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16 years 6 months ago #9972 by equipdriver
Replied by equipdriver on topic Trespassing?
Wow, that was a little harsh. I hate to tell Willie but some of us that just had a hard days work find it nice to see a small joke or two. Especially from a member we just got back and a very very valuable one at that. Hope that your negativity doesn't give other members ill-will to this site.

Karl

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16 years 6 months ago #9975 by D4Jim
Replied by D4Jim on topic Trespassing?
I thought it was a pretty good joke!! It made me laugh!! As far as gummit workers coming onto farm land, most anyone that is in any kind of gummit programs such as the farm bill etc. have already OK'd the gummit workers to visit the farm. When I sign up for my farm welfare, I OK them to visit or there is no welfare. ;) Most Natural Resources field persons have access as long as it is reasonable and they are supposed to ask permission first and they usually do. Of course if one is conducting some sort of unlawful activity, one can expect a whole lot of gummit visitors!! :eek:

Willie, get a life!! :D In my humble opinion the bulletin board has been humming right along and is about 2 zillion times better than what we had. I for one would like to commend JB, GWH and the BOD for a job well done!! That is not to say it is perfect but it is sure an improvement. :)

ACMOC Member 26 years
D47U 1950 #10164
Cat 112 1949 #3U1457
Cat 40 Scraper #1W-5494

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16 years 6 months ago #9976 by bernie
Replied by bernie on topic Trespassing?
I thought it was a good joke...maybe if things get cluttered, a separate location for "humor" topics could be created.

Land Surveyors do not have the "right of entry" or "right to trespass" in all states. If a specific constituion allows for the provision, a Land Surveyor may excercise his "right" under certain guidelines.

That said, surveyors are TYPICALLY respectful of properties and the improvements on them. I have purchased trees of property owners where a crew un-wittingly cut one or more down, or just used por judgement. Talk about damage control.

In the Public Land States where the original land grants were issued under the Township-Section-Range system, it is almost a neccesity for a Land Surveyor to enter onto anothers property. Often in order to accurately determine the DEED corners of a parcel, we must traverse, (GPS often now), up to a mile or more to properly establish these DEED lines. No matter the size of the tract.

We tie into established or accepted monumentation, be it a stone, rebar, pipe, spike, earthmound...etc. and these are often on private property. More frequently than not we do not call ahead. Most people upon knowing our profession and likely heard of us will not mind. It could get very expensive to make the notices. Proceeding respectfully and accepting from time to time the angry welcome of a property owner is a risk. Yes, I have had a weapon pulled on me three times over the years.

Anyway, Land Surveyors do not have an automatic "right" to trespass always and we do not have carte blanc on everyones property. However, most if not all states do give us the ability to have sheriff escort if need be. I have never had to do that.

Bigger issue is GOOGLE EARTH and Local GIS Aerial Mapping Systems. Google Earth currently has an image on line of me transplanting a tree in my yard. Clear as day!

Sorry such a long response.

bernie

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16 years 6 months ago #9986 by Kid at Heart
Replied by Kid at Heart on topic Trespassing?
Thanks for the responses. Perhaps one of the considderations is some kind of permitting process, required for some kind of activity, that allows inspections.

I was researching tobacco growing the other day and was told that a private person can grow 2,000 square feet of any kind of tobacco for personal use, but more than that and you have to get a permit and are limited as to what kind and how much you can grow. An acquaintance of mine said the seeds are regulated.

I guess, since so much farming activity / land development is visible from the air, once a "problem" is "found" by an agency, then subsequent foot visits are based on probable cause and not just curiousity.

Just trying to get a better handle on rural land rights.

David

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16 years 6 months ago #9987 by gwhdiesel75
Replied by gwhdiesel75 on topic Trespassing?
I've heard that some local and state governments are using satellite images to discover zoning violations. I suppose it is possible to use the same information to see if someone is growing tobacco where they shouldn't, etc. More technology gives government more power over us. Unfortunately, it is the real crooks that get away with things, not ordinary folk. Reminds me of the bumper sticker that says something along the line: "Outlaw guns and only outlaws will have them". Everything that we try to do to improve the world eventually turns out to have perverse consequences. GWH

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16 years 6 months ago #9994 by MR.22
Replied by MR.22 on topic Trespassing?
So What Does All This Have To With Antique Caterpillars? Leroy

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