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Trespassing?

Trespassing?

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Kid at Heart
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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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Tue, Oct 2, 2007 6:08 PM
pushcat
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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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Tue, Oct 2, 2007 6:28 PM
gwhdiesel75
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Reply to pushcat:
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?
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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Tue, Oct 2, 2007 7:54 PM
Willie
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Reply to gwhdiesel75:
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
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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Tue, Oct 2, 2007 10:37 PM
equipdriver
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Reply to Willie:
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.
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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Wed, Oct 3, 2007 8:32 AM
D4Jim
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Reply to equipdriver:
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
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!! 😮

Willie, get a life!! 😄 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. 😊

Cats Forever

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Wed, Oct 3, 2007 9:23 AM
bernie
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Reply to equipdriver:
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
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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Wed, Oct 3, 2007 9:25 AM
Kid at Heart
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Reply to bernie:
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
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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Wed, Oct 3, 2007 6:36 PM
gwhdiesel75
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Reply to Kid at Heart:
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
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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Wed, Oct 3, 2007 7:04 PM
MR.22
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Reply to gwhdiesel75:
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
So What Does All This Have To With Antique Caterpillars? Leroy
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Wed, Oct 3, 2007 11:46 PM
biggastractor
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So What Does All This Have To With Antique Caterpillars? Leroy
Here is an example of what this has to do with Antique cats. There are counties in Minnesota that have used both aerial and satellite photo's to determine that a site is blighted(old machinery sitting around). They want to come on the land and take more pictures to prove their point about the need to clean up the site or at the very least require the owner to get a expensive conditional use permit for running a salvage yard or museum. They try to impose lots of rules and regs concerning numbers of machines stored/sold/moved/runnning vs. non-running etc. We haven't even talked about counting the photographed machines and then determining the quantity of pollutants such as oil,fuel, antifreeze. Then they use their archived photos to police all their regulations.
Biggastractor
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Thu, Oct 4, 2007 7:46 AM
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