Man arrested for trespassing on his own land

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mikepdx

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Jeremy Engelking will appear in Douglas County (WI) court this afternoon to face a trespassing charge.
But here’s the kicker: The Superior man allegedly trespassed on his own property.

Engelking, 27, aimed to hunt deer Wednesday morning when he noticed a pipeline crew on his land. He
hopped on his ATV and told workers they had no right to be on his property because he had received no
compensation from Enbridge Energy Partners L.P. for an easement.

Engelking said workers told him he was in an unsafe place and asked him to come to an equipment staging
area, where he continued to argue his case.

But just as he was turning to leave, Engelking said an officer from the Douglas County Sheriff’s Department
arrived on the scene and approached with a Taser drawn.

“He ordered me to 'get down on the ground now!' And he said that I was being arrested for trespassing,”
Engelking said.

When Engelking protested, pointing out that he was on his own property, he said Sgt. Robert Smith told
him: “It doesn’t matter. You’re going to jail. You can tell it to a judge tomorrow.”

Superior man arrested for trespassing on his own land | Duluth News Tribune
 

FLRAILMAN

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This obviously is an on-going 5th amendment issue between this family & The "Great American Gas Company" with local government backing. The family is obviously looked upon as slow to grow, technology resistent, uncooperative thorn in the side, pains in the collective ass parasites, standing in the way of progress, the real issue here is "whose" progress, the families or the gas companys? Kind of reminds me of the days when your friendly railroad robber barons puppets would offer a landowner an insulting low-ball offer to vacate his home & if he refused, they would tear down his home anyway, lay down their tracks & if he dared complain to the local government, he'd be run out of town on those very same railroad tracks by the local sheriff, all in the name of progress. I think it's called eminent domain, colonization, the ends justifies the means, all for the greater good, etc.

www.law.umkc.edu/faculty/projects/ftrials/conlaw/takings.htm

www.bottomlinesecrets.com/print.html?article_id=39750

www.castlecoalition.org

PS: Don't blame the deputy in this case as he was just following "special orders".

FLRAILMAN
 
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kb2vxa

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Believe it or not the man did commit an act of trespass on his own land. Blocking access to someone who has an easement is a trespass upon the right of easement and creates a cause of action for civil suit. For example, putting up a fence across a long-used public path through private property may be a trespass and a court may order the obstacle removed.
 

mtindor

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Believe it or not the man did commit an act of trespass on his own land. Blocking access to someone who has an easement is a trespass upon the right of easement and creates a cause of action for civil suit. For example, putting up a fence across a long-used public path through private property may be a trespass and a court may order the obstacle removed.
Of course the man stated that it was the pipeline workers that encouraged him to come onto the property. No way to know if he is telling the truth or not.

Assuming he is telling the truth, then somebody set him up by getting him to park his 4-wheeler "in the way" and then hurry up and call the cops while they keep him occupied so that when the cops come there is an infraction to be seen.

I tend to think the company employees set him up. Given the history between the families and that company, it's very likely that those company employees had been briefed way before that on how to deal with landowners, and it's not inconceivable that the employees may have been instructed to lead him into a trap.

Mike
 

KC9NCF

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Leading someone into a trap is called "entrapment", and is a serious crime. This landowner, if he is correct, may have a right to deny these workers access to his land if he did not receive compensation for such stated easement. I'm not a expert on this, but with the supposition of a 5th amendment issue, I would sit and watch the show to see how it all ends. A judge will say something to both parties, and no telling who the judge will side with.
 

kb2vxa

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"This landowner, if he is correct, may have a right to deny these workers access to his land if he did not receive compensation for such stated easement."
As long as the easement is in force he has no right to deny access to the easement whether or not he has been compensated. That is an entirely different civil matter in a case that would be heard separately, in other words he would have to sue for compensation.

It seems to me this man has not consulted with an attorney but rather has continually acted on his own initiative. In other words one who represents himself has a fool for a lawyer.
 
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APTN

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Leading someone into a trap is called "entrapment", and is a serious crime. This landowner, if he is correct, may have a right to deny these workers access to his land if he did not receive compensation for such stated easement. I'm not a expert on this, but with the supposition of a 5th amendment issue, I would sit and watch the show to see how it all ends. A judge will say something to both parties, and no telling who the judge will side with.
Yep, and if he challenges his arrest, then there is also a 4th Amendment Issue. (He may argue that his arrest was an unlawful seizure.)
 
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