Washington Hunter
Well-known member
Yes it is being blown out of proportion...I hope that rancher doesn't expect any favors from the BLM(or any govt. agency) anytime soon.
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http://legisweb.state.wy.us/statutes/titles/title06/C03A03.htm6-3-303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by:
(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or
(ii) Posting of signs reasonably likely to come to the attention of intruders.
(b) Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
I would say if you entered private land without permission, you should know you shouldn't be there. The big question is, is it posted? fenced????? The agent said he knew they were flying into an ownership, he just didn't know which one. "Just put us down near those cows over there" "These wolves will probably be hungry when they wake up"A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person,knowing he is not authorized to do so....
Seems you can't just go where ever you want, even for work.Trespass case ends in settlement
John Creek landowner gets $200 compensation
By Ralph Bartholdt
A trespassing case that seemed to be gaining momentum as it headed for trial this week ended abruptly in a hearing in magistrate’s court.
Josh Arnold, a 24-year-old Coeur d’Alene Tribal employee who was charged with trespassing on the John’s Creek property of Pam Secord while conducting a fire survey last summer, agreed through his attorney to pay $200 to the court, as part of a bond forfeiture.
In the March 3 hearing, Judge Pat McFadden accepted the agreement and authorized the court to turn over the $200 to Ms. Secord for damages.
The defendant was charged with a misdemeanor in July for driving onto posted property while mapping rural parcels for the tribe’s geographic information system. The maps are used by area fire departments including the Idaho Department of Lands in fire fighting efforts.
“Mr. Arnold always maintained that he felt he was doing his job,” said Eric Van Orden, an attorney for the tribe, who represented the defendant. “He had no specific knowledge not to go on Mrs. Secord’s property.”
Ms. Secord charged that Mr. Arnold was told to stay off her property. The claim was substantiated by IDL fire warden, Arlo Slack, who said he met with Arnold and advised him to stay away from the Secord land.
The tribal employee was cited July 19, but asked to be formally charged, setting the case up for a court hearing.
After attempts to settle the case stalled last year, it seemed destined for a jury trial.
Motions, including one to recuse the county prosecuting attorney from the case, and another in which the defense asked for a venue change, were filed earlier this year and the trial was set March 9.
Last week, both sides struck an agreement: the case would be dismissed pending forfeiture of the bond.
Benewah County Prosecuting Attorney Doug Payne asked the court to turn over the bond money to the plaintiff.
“No one should have to go to these lengths to protect their private property,” Mr. Payne said.
He had no intention of pushing for the maximum penalty for the misdemeanor, he told the court.
“I don’t think jail time, or a maximum fine was ever in the cards for a case like this.”
The proposal to give the $200 to the plaintiff was “in the interest of justice,” Judge McFadden said.
Buzz, I agree, but it just seems to be Ten Bears' nature....Originally posted by BuzzH:
Its pathetic that people have to be such pains in the ass...