Disappearing posts

[Anonymous-0]

What happened to the landowner rights thread, it's now gone and I lost my work when trying to respond.

 

[Anonymous-0]

This is the one:

In Reply to: O/T Property ownership and your rights... posted by Turke Bros. Farms on March 14, 2008 at 06:24:44:

 

[Anonymous-0]

link attached
Where did it go ?

 

[cj in wisconsin]

sometimes we get a little carried away with our responses and Kim deletes them. Its their house so I respect that. Some responses get a little hateful or off color and are not tolerated.

 

[Anonymous-0]

That is what I figured, liability in this case probably due to the subject matter as many of the responses included mention of firearm useage and legal issues, total waste of time to even respond.....

 

[Bret4207]

Billy- There were people advocating shooting folks and cops. No wonder it got yanked. I think I can access your post and I'll try and anwer you by email or PM. Bret

 

[Bret4207]

Well Billy, email and PM aren't available here. Put simply the premises is your house. Pushing it beyond that gets hazy. On the use of force to effect and arrest- you have to be legal in the making the citizens arrest in the first place. As for the law being open to interpretation- yup. Thats intentional I think. Each case is an individual. Applying a black and white rules would not allow for any lee way. The first time offense might not warrant the same treatment as the 3 rd time offender. There has to be a certain amount of flexibility built into a law, just as the wording in a law often makes something a crime only under certain conditions. Words like "intent", "knowingly" and "recklessly" become very important and often mean the difference between a mistake and a crime.

As for the repeat offender trespassing a court can hold the person in Contempt in NYS if the guilty party fails to follow the Courts instructions, ie- an Order of Protection type situation. That bumps the Violation up into the misdemeanor area and gets some real penalties.

I know this is frustrating. I have over 340 acres and have druggies growing on me occasionally, poachers, trespassers (dang snowmobilers!), etc. Regardless of my job there is no way I can advocate breaking the law to enforce the law. And I can recommend anyone else do the same. Play it safe and sane is the best advice.

 

[Anonymous-0]

I must have missed something, I think it frustates a lot of people, and is probably why the thread got out of hand.

 

[Anonymous-0]

Bret much appreciated, you must have saw my long winded response. In an attempt to be an informed person on these kinds of things, and acting intelligently in conjunction when you have to deal with it, certainly is the best plan in addition to having some laymans knowledge of the laws involved for reference.

They must have some brass ones to cultivate on your place, and with that size acreage, it's going to be very difficult to see everything going on at all times. That stuff is everywhere today it seems, always a crew of em on the construction sites as I recall. It must be most commonly planted by the varying degrees of people who smoke it incessantly, and whom appear to be harmless for the most part I suppose. On the flip side I'd still very much hate to unexpectedly run into a large operation with armed people protecting it just the same, like what you see is more common in other states or other countries. Can't imagine large areas or operations of it going undetected in this state for long, and assuming that it really needs to be grown in large quantities to generate enough money to attract someone who will risk doing it. There is still some serious correctional facility time for those who go that far with it in NY. Must be yer smaller scale local do it yourselfers sneakin in. I would assume that you would also have some assistance from the air if need be, even at your own place, but with so much of it out there today in smaller plots by DIYers, I always wonder how they even detect enough to put a dent in it and if the people are going small like on the back side of a place the size of yours, can the air patrols actually still detect it? The cost of required aviation patrols using FLIR to just find it within this state must be a huge undertaking requiring a substantial budget, and to only eliminate a small percentage of it. Seems that they find the crops more than they find the people who planted them, kind of like the tresspassers, they usually just run and get away, only a small percentage of them actually getting caught. It's almost ironic to find something like that on your place though, and be in the profession you are, they really must have some unmitigated nerve or just have no clue.

Good to know about the repeat tresspass offenders and that an order of protection when issued, carries a little more weight if they eff up again, never thought of that, and highly appreciate your response and any corrections to my earlier comments it just reinforces the protocol to follow, safe and sane like you said.