U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Rural and Small Town Living
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-18-2009, 12:51 PM
 
9,807 posts, read 13,683,788 times
Reputation: 8170

Advertisements

-------if one of my goats escape and wanders on to your property"-----

That is what the liability portion of your farm insurance is there for
Reply With Quote Quick reply to this message

 
Old 03-18-2009, 01:04 PM
 
Location: Interior AK
4,729 posts, read 8,735,734 times
Reputation: 3364
Quote:
Originally Posted by marmac View Post
-------if one of my goats escape and wanders on to your property"-----

That is what the liability portion of your farm insurance is there for
Arctic is actually my neighbor... so that was a little gentle ribbing. I'm sure that we will reach some sort of "temporary implied consent" agreement that protects us both.

But, WRT to liability insurance, I've been investigating this a lot recently. There is a weird line between a homestead with livestock and being able to be a called a "farm". Normal property/home-owners insurance doesn't normaly cover livestock (horses, chickens, goats, etc), only pets (dogs, cats, parakeets, etc)... and those that do normally require a separate rider on your policy. But your homestead may not qualify as a farm (due to size, amount of animals, profit level etc) so you can't get farm insurance either. And, to top it all off, getting any kind of insurance when you live in the f-ing middle of nowhere (literally HOURS away from the nearest town) is darn-near impossible. I've talked with several agents and am getting the run-around because there is no building permit and inspections in my area, no police department, no fire department, no public services, no utilities, etc. So my buildings and property may not even be insurable regardless of whether it's a homestead or a farm (or only insurable if I want to spend a small fortune in premiums for minimal liability-only protection).
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 01:10 PM
 
48,516 posts, read 85,104,801 times
Reputation: 18083
In Texas you have to have signs that are clearly marked . Most string barbed wire as there then is no doubt.Lae enforcement really has alot of exceptions including game wardens in Texas.Even look at fderral court ruling allows game wardens to search many places without a wrrant just as law enforcement can a car in many cases.
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 01:17 PM
 
Location: Interior AK
4,729 posts, read 8,735,734 times
Reputation: 3364
Law enforcement and other federal, state and local officials can, in many areas, enter your land and search your property without a warrant only if they have probable cause... but they can't just do it if they feel like it (although many believe that their position grants them this right).

There are a few states (at least) that still allow a property owner to refuse access and search - regardless of alleged probable cause - especially if they have posted such activity will be considered trespass. This really shouldn't affect law enforcement, et al, because if they truly have sufficient probable cause they should easily be able to convince a judge to issue a warrant. However, the property owner needs to be well-versed in their rights and possible penalties exercising them could incur (like refusing to allow a Trooper to search your car may cost you your driver's license).
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 03:17 PM
 
Location: The Woods
17,091 posts, read 22,609,680 times
Reputation: 9373
FindLaw | Cases and Codes

Read footnote 6 of that particularly. It has to be "manifestly clear" that you wish to exclude all visitors, standard "no trespassing" signs aren't enough, hence my wording and listing specifically all state and federal employees along with "all other persons" and noted also no purpose is acceptable to come onto my property whether "to talk" or to "investigate claims" against me, and so forth. And, regardless of that I also made it clear the land use fee applies to anyone for any purpose unless waived by myself.
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 03:39 PM
 
Location: The Woods
17,091 posts, read 22,609,680 times
Reputation: 9373
Quote:
Originally Posted by MissingAll4Seasons View Post
Sweet sign Arctic! I'd run it past an AK lawyer, but I think you have to actually spell out each thing you consider trespass... so the language "including, but not limited to" might not hold up in court.

I thought that Alaska is one of those states that allows hunters to pursue a wounded animal or their dog/livestock onto your property without permission for the purposes of retrieval... but I can't find where I read that now (please correct me and point me to the statute if you have it). Don't know if you want to expressly state that as an exemption on your sign or not... but I wouldn't want to **** off the locals or leave a wounded animal to suffer!

I agree that you want to restrict access to your property from law enforcement, ADF&G and government agents/officials without a warrant... but you might want to put an exemption in there about EMS or Fire-Fighters which are there to save your life or property.

(Hope you don't charge me land use if one of my goats escapes and wanders on to your property )
My sign is really aimed more at nosey government people and non-local city people who have no respect for property rights. I'll allow neighbors and any good locals to not get charged $5,000 unless they're blatantly disrespectful/vandalizing/etc., I'll make that clear to any who ask....but for government people, and others who cause serious trouble, no mercy! First nosey government person who pokes around without a warrant pays almost half what I paid for the land. LOL

Check out page 8 of this PDF file, it appears Alaska is not one of those states about pursuit of wounded game based on how it's worded: http://www.wildlife.alaska.gov/regul...fs/general.pdf

I'd let someone retrieve an animal though because I wouldn't want to see it wasted...
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 10:17 PM
 
9,807 posts, read 13,683,788 times
Reputation: 8170
Archie---------I actually laughed at your "paranoia" sign regarding trespassing.

Putting the $5,000 on it was the most laughable. ( why didn't you put $5,000,000 on it? )

You would have as much luck collecting $5,000,000 as you would have collecting $5,000 or $500 or even $50.

The court might charge someone with trespassing, but you will not be given the legal right to say what his fine will be nor to say what restitution he owes you.

Some of your crazy ideas is what gives "homesteaders" a bad name and why many people consider folks who call themselves "homesteaders" kooks.
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 10:45 PM
 
Location: North Cackelacky....in the hills.
19,556 posts, read 19,542,573 times
Reputation: 2499
Why not?

If you post a sign stating entry costs $5 and you CHOOSE to enter,you are liable for the fee....
Reply With Quote Quick reply to this message
 
Old 03-18-2009, 11:28 PM
 
Location: Interior AK
4,729 posts, read 8,735,734 times
Reputation: 3364
Marmac - the $5k land use fee is legally targetted to be the maximum for small claims court. It isn't an arbitrary number. We all know that the court will determine the fine (for trespass), and they may even lower the fee (for land use)... but in any legal negotiation you always want to start high.
Reply With Quote Quick reply to this message
 
Old 03-19-2009, 08:26 AM
 
9,807 posts, read 13,683,788 times
Reputation: 8170
The last 2 posts show a lack of reality and more fantasy.

Contact a lawyer and ask if you can collect whatever fee you desire from anyone who trespasses on your land.

I'll bet he will tell you the trespasser can be fined by the courts, but collecting $$$ beyond actual damage caused is laughable.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Rural and Small Town Living
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 05:10 AM.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top