O.T. landowner/power lines/Atv's/fences

Billy NY

Well-known Member
Well, it appears I have some aggressive ATV'ers, whom just mashed a recent fence put up bordering one of our fields but has power lines bisecting the field diagonally, whereas they have easy access to the power company land all along it, and use it to access privately held land, that is clearly posted. Every spring this problem "crops up" or so it seems, and I am noticing I have more of a persistent problem as of late.

I spoke with forestry/right of way agent at the power company, National Grid to be specific.
Their position is that no one should be trespassing on their lands, and they have limited security resources, and recommend calling law enforcement, with all that it entails to possibly make an arrest.

I am well aware of making a positive ID, and and what would be of most help to police to bolster their effort to make an arrest. I think that aspect of this is relatively clear and I do have an understanding of vehicle and traffic laws, as well as penal laws in regard to trespassing in NY.

The frustrating part of this, is that because of the geometry, and the "lay of the land", I am being denied the use of this field if I want to put livestock in it, or of a lesser value but still equatable in monetary loss, is compaction, erosion, damage to field crops, and or whatever else can be associated with convoy's of ATV's passing through. I do not want ATV's on my land, period and have every right to stop them, yet some of this is a gray area, cops are not very interested in enforcement, and maybe its a case of who I speak to, what the situation is, its not easy on either side, that is understood.

One of the measures I'd like to employ is some sort of camera, does anyone have any suggestions, no power, so a game cam would be ok, but to hide this and make it hard to steal, I'd have to camo it in one of the large trees, on either side of a 175' width, otherwise it will get stolen. I can easily use a hollowed out tree bark covered knot with a hole sawn off a tree, I have several in my wood shed, very hard to spot a camera in one of those secured to a tree trunk, I am at the point I want to nail these people and use every intelligent means to do so, so am wondering what kinds of cameras people use, the ranges of same or other means, also thought it good discussion material, but please don't get me poofed with talk of booby traps or violence etc. LOL !!!!

I can legally use a means to slash tires, posted signs afford that legally, as an owner is to have the reasonable expectation that no one will enter as long as its posted conspicuously. Some will argue, on that one, take me to court, I won't stand down on that, other actions one can take, are a little more ambiguous and will put you at higher risk, too much room for interpretation and for the law to go against you, seems to be a fine line. I wish we had some stronger laws/punishment for this, but infringement on 2nd amendment rights seems to be more important.
 
Go to where they are parking the truck and leave notice of your knowledge of the trespassing. An old ATV trick is to go out at 4 am and by 11 am if you get caught loading the ATVs you pretend you are just getting there unloading and did not know it was prohibited, meanwhile you have been riding five hours. You might have to wake up early to find where they are parking.Then call the police from your cell and say these are the guys trespassing on my land.
 
a guy down the road from me bought a 80 acre chunk of land. Several "neighbors" were hunting on the land and riding ATVs. He put up trail cameras and basically had papers delivered to 2 homes. The papers in short said, "if you go on my land again I prosecute"
I do like the ideas of dropping trees across trails that Ted in OH said.
 
The sheriff here in ohio told me they have to witness the trespass to arrest anyone.Otherwise it's just your word against there's.
 
(quoted from post at 14:20:47 04/03/13) a guy down the road from me bought a 80 acre chunk of land. Several "neighbors" were hunting on the land and riding ATVs. He put up trail cameras and basically had papers delivered to 2 homes. The papers in short said, "if you go on my land again I prosecute"
I do like the ideas of dropping trees across trails that Ted in OH said.
I have a high voltage powerline across my land with locked steel gates in the fence were the line enters and exits.
Even the power company has no automatic right to enter my land and have to come to my yard to get the key if they want to check the line or do work on it.
Powerline right of ways is still private property,..at least here in Alberta it is
 
I had a boat on a small lake on county land. A landowner blocked the access going across his land. Someone walked back to the lake and put over 50 bullet holes in it. The boat, not the lake.
Is this really a big problem or are you making it bigger than it is? A western gate might solve the livestock issue. I know it sucks when people lack enough integrity to do the right thing. How about a sign asking them to call you. Just a couple of thoughts.
SDE
 
I am surprised with all the utility right-of-ways and all the ATV's that some ATV rider has not gone to court against a utility with some kind of injury suit. The utility company undoubtedly has deeper pockets than nearly all its neighbors along a right-of-way. Is it possible some kind of peer pressure is at work where the potential litigant's buddies know the utility has deep enough pockets to also put up restrictive fencing and other security measures if forced to and do not want their buddy to end the good times? New York needs to strengthen the land owner's rights but anything useful seems to be a low priority versus making sure pot smokers are not hassled over carrying a small amount of their precious commodity.
 
That is going to be part of reinforcing the fence lines or places where it can be breached, I have some cut offs of poles, large ones, length and diameter western cedar, I had hoped not to have to use them like that, it seems they go for the weakest area. Things like this are hard to move and get around.
 
This is a topic close to my heart. I, too, have trouble with quads and snowmobiles. The energy company owns the strip that crosses our land. More correctly, our two parcels--it once was a single 80--butt up to the power line. I leased the section that abuts our land. It gives me a little more clout, but I need Consumers to give me the authority to press charges. I usually run the riders off and call the sheriff. The kids are locals. What's frustrating is that they won't ride just on the two-track/field roads. They drove over my wheat this winter.

Maybe I'm a pr*ck for running kids off, but they don't belong there. Parents should think about where they are going to ride before buying ATVs.

Larry
 
I hate to be the bearer of bad news but placing logs or trees is not foolproof. If they want in bad enough they will make a gap someplace. Especially if their ATV activity is tied to the drug trade.
 
Bill,
I would make sure my fence lines were in good repair, maybe a new strand of barbed wire at the top along the Power Line rite away and if there are gates that the intruders are using, I would rebuild them with new materials and then I would paint up a sign stating that all trespassers will be prosicuted. Then in the bottom corner put "smile for the camera", and fasten it to the gate. If that doesn't deture them put up the hidden game cameras.
Loren, the Acg
 
I hear you on that, and understand escalation just as much as the next guy, but I won't live in fear of it. A person has no legal right to do what they are doing on either parcel of land. That is clear by virtue of the existing and hard to enforce laws.

I had the same thing at the other place, but was able to fence them out at the corner of the field, but leaving a bypass outside the fence and off our property, that solved the problem, and yes they had broke the fence numerous times with livestock in the field. That part ticks me off, the careless, selfish actions by others without any consideration to the livestock owner, loose horses/injuries/ vet bills and the work needed to repair it multiple times. I would also say that if it were to escalate here, it would eventually be regrettable for them to do so. We are not the aggressors here, they are, and though a person cannot stand watch, they are in a highly vulnerable place, and one can detect them before they get here from the house, hundreds of yards away, if you are outside or windows are open, problem is when you confront them you are surrounded, which means you have to be armed for peace of mind. I don't want any form of this kind of trouble, for any reason but the last time I stopped a crew of them, last fall during archery season they were from out of town, one was real belligerent/unpredictable and a landowner is to fear these kinds of people because of retaliation if they are told what they are doing is illegal and must stop. I don't agree with that for any reason.

For years now I've made a point of confronting everyone I saw,the majority were polite about it, a few were not. Those people are sometimes intoxicated, and unpredictable, and you never know which kind, and how many you will meet. Confront enough people and sooner or later you will meet a jerk, hardened criminal or similar. One spring early summer I tossed out 16 people, last spring, I lost count at 30 atv's in one group, thats out of control, they don't ask permission or acknowledge the signs for any reason.

I think the next step is more barricades, trees, prickers and such, repair the fence, signs, and so on, see if they want to go the extra mile, might just be a simple and more unintentionally diplomatic solution ! LOL !
 
Power company sees it as if all of what they own is clearly posted and refers to NYS law on trespassing, always tells you to report trespassers to the police, which is likely to go nowhere unless you have them ID'd, or have something they can use to pursue it. I can't see how they could win, even if the signs were missing, power company will pursue prosecution anytime they can, and given the amount of land they have, its common knowledge that all of their lands are posted, just not patrolled and seldom enforced. A couple of guys ran their sleds into buried poles further down the line, wrecked one sled, somewhat serious injuries and they can sue for damages because of this, well maybe, but I think somehow it would get tossed, neither of them pursued it in this case.
 
Yes, its like someone wanting to steal your car, if they want it, likely it will happen.

More or less a more substantial deterrent, anyone could pack tools, a saw or what have you to get in, there is no doubt about that.

I find the riders whom appear to be "smoked up", seem to just be out enjoying a ride, you can either smell it or see their bloodshot eyes. I don't think anyone would be foolish enough to sneak in and grow anything of significance either, would be too much work to get anything out of it. People do try on a small scale, as I have seen in years past I have found amateur attempts, 1 small plot, even found some plants in the middle of a large field behind us a long time ago, while walking along just happened to look down, couple of transplants of some afghan variety according what I was able to look up, brush hog got those anyway, they would not have amounted to much.

North of us, and that would be a concern like you said, they reported taking 6000 plants. In that case you don't want to run into those folks by mistake, as they would likely be armed and dangerous protecting their interests, anything is possible here, but I think there is too much aviation traffic nearby, someone would see anything of any size, but up there its rural and a lot more places to hide. That's a job for the law to deal with for sure !
 
(quoted from post at 14:44:48 04/03/13) I am surprised with all the utility right-of-ways and all the ATV's that some ATV rider has not gone to court against a utility with some kind of injury suit. The utility company undoubtedly has deeper pockets than nearly all its neighbors along a right-of-way. Is it possible some kind of peer pressure is at work where the potential litigant's buddies know the utility has deep enough pockets to also put up restrictive fencing and other security measures if forced to and do not want their buddy to end the good times? New York needs to strengthen the land owner's rights but anything useful seems to be a low priority versus making sure pot smokers are not hassled over carrying a small amount of their precious commodity.
tillity companys have their own lawyers on staff to fight those lawsuits.
 
That makes sense, the fence was in decent shape, some of it older, I reconnected to, ran 2 strands of barbed well into the woods on one side of the gate, and had some remnants of that thicker ag type fence, t-posts etc. to tie in across the other side into the woods. Propaganda on the signage, thats all good too, psyche ops ! I dug out some of the nasty rambling rose, prickers, filled in some gaps and there is a bunch growing there too, I want to help that along, no one wants to deal with that, I need to find a few more of those and transplant same, great natural barrier. It just gets my "goat" what these people do, better to discuss than act irrationally, add it to the list of things to do, which just never ends LOL !

I never had any problems over on this end before, was so overgrown, then those darned brush cutters on log skidder frames came through, been nothing but trouble since.
 
We lease deer hunting ground in NE Iow a. Happens to have incredible ATV trails too . Been huntin gand had 30 atvs come through middle of our hunt . Found out head guy , talked with him. Told him our concerns . He said they have 2-3 big rides every year. I asked If I could be notified when and where . told him I would love to join and showed him several other trails . He is hooked up with several landowners around us . It turns into an all day ride . Went on one with them , had fun , made some friends, and no more unplanned ATVs on our place .
 
Interesting. I don't know if a utility has special protection under the law. I've heard of injury suits where the injury happened on municipal property. I just don't see the sledders in question just walking away from suing the utility. Either the utility has special immunity or the case was settled out of court complete with a gag order.
As indicated on here in the past I have had fairly good luck getting law enforcement help me on trespass issues but I have been fortunate to never have a chronic problem with ATV's. I would not want to test the local sheriff in terms of being out to the farm on a weekly basis. They also make it known there is some burden on the land owner to have sufficient posted signs, gates, etc. in place. ACG's suggestion to have barb wire on top of the fence seems problematic to me.
 
Not at all, maybe we could get Sasquatch to go public and joint venture with the Gorilla, not sure what kind of money they make though, hopefully within the budget. They could practice ATV tossing, a new sport as a result of this LOL !
 
Yeah, we're also in a "busy" area which would deter an impromptu drug operation. But you are right in that there are certain areas where it takes place and would be bad for someone to stumble across it given the nature of the people involved.
 
Theres that side of it, landowner is the bad guy and all that. They have taken yield from farmers here for years, some are real jerks and make new paths in crops, and it might seem trivial to the riders, but don't you just hate seeing the tracks in what would otherwise be an undisturbed field of crops that you would not have to subtract losses from directly attributed to atv trespass.

I am not against riding and enjoying the fun of running the trails. The problem here is that it multiplies quickly.

I can't leave a tractor out there or any equipment out there, was never like that before. They stole a nice stand.

Kids and adults, most people do not want atv's on their land, you don't know who they are, what they are capable of doing, or if they are honestly passing through. My concern is also of security, thefts are prevalent around here, they could use the power line right of way to get in and out after robbing any one of the numerous homes nearby, growing theft is a reality and the power lines are an easy conduit, very hard to pursue unless in the air or on an atv.
 
I had a similar problem with unwelcome "visitors" tresspassing. I put up some game cameras and then I showed some of the resulting photographs to my neighbors. I used a ladder to attach the cameras about 10 feet up in some trees. I used a steel camera case and a steel cable with a lock to secure each camera. The camera cases were covered with camo tape. The cameras are not invisible but they do not get your attention easily. Most of the ATV drivers never saw the cameras. After I showed the pictures to some neighbors, the word got out that there were cameras there on the property and the number of unwanted visitors greatly diminished. The TRAILCAMPRO web site gives excellent information about different types of cameras and I have been happy with the products that I bought from them.
 
You make a good point with law enforcement, I have called them on occasion, usually ending with telling them I am alerting them to illegal activity, especially when 30+ atv's spill onto the state road for 1/4 mile, on the sidewalk.

Unless you file an official complaint or what have you, they don't acknowledge anything else, but if someone was doing something more serious, would they ignore that too ?

I always tell them that I understand the low priority of these matters, and would not be the person calling everyday, they actually are pestered with this so much already, I had one trooper tell me that, at least he was friendly enough to have an off the record conversation, and was actually very helpful, but that was years back when my friend was in the spotlight, over the burnt barn retaliation by poachers he had prosecuted, we need more people like that in uniform. At that time, he said they get 10 calls a night on ATV's and wished they were outlawed. I would never call repeatedly, you have to use some discretion on that or you'll never get any action, I can understand the frustration on their side, its smart to be humble about it, and I've yet to ever have one person prosecuted, that might change as of late though.

I don't believe either of those injured on sleds were compensated, I might be able to find out if it was pursued, knew one of their friends and rider in that group that night. Power company had line crews out erecting new poles and lines, these idiots were going too fast in an area where they were working and staging materials, completely illegal and foolish, poles were under snow, but the drill rigs were not.

I had a head on collision with 2 teens on a dirtbike when I was a senior in HS, unregistered, unlicensed, uninsured, no lights, both were lucky to live, it was in top gear as I checked it out, and they were going so fast, when they hit my car a big ole GM impala, one flew 60 feet past the car, the other smack into telephone pole about 10 feet up, lost some toes, leg was up around his head, he was conscious and an awful mess, I had thought the other was deceased. Not sure where they collected from, but I graduated with $3.5 million dollar lawsuit, threat of garnished wages for life and all the rest, you ought to see the house he lives in.
 
Thats smart, if they would do that, organize and let you know, ask permission, you explain the rules, hunting season its not appreciated, that would likely be ok, but someone needs to call ahead, and I need a copy of some ID's or something like that, I'm not unreasonable, maybe I'd still say no, but people seem to think they can do as they please and take what they want.

I am sure its a good time, but save it for the more rural areas, plot out the run and ask permission, then enjoy the ride without landowner flak ! Snowmobilers do it, but these guys do not.
 
Its come to this, I need to figure the range from the areas I can hide a camera, I appreciate your input, and the information. I will have to take a closer look and see what I can do with this after I make the repairs, pile some logs or trees etc.
 
In this case, their origins vary, I have encountered one group that actually asked permission that trailered the atv's. I think here, its people who live in proximity of each other, gathering up somewhere, then running the line, and theres at least 10 miles south of us but they have to cross a state road and run on it 1/4 mile, north is more than 20 miles of lines and I that last group came from about 15 miles away. If the police were notified at the right time and theres a barracks right down the road, sheriff would have to re-direct someone on patrol, you could easily catch them at one of the several road crossings, just have to have some intel as to when the passed and the direction of them. What ticks me off is they allegedly sent up an aviation unit for a drive off gas theft here, hovering up and over our houses, yet if they wanted to nail a large group like what I had, nope not going to do it. They scan the lines for marijuana every year, but just once I'd like to see a group of these people caught, again it is illegal correct ? LOL !
 
Two signs fixed my problem.

"All tresspassers will be shot, all survivers will be shot again."

"You have just entered a firing range leave or DUCK!!"

Two weeks later, I had no problems. Has worked for over six years now.
 
Thats certainly something I would be highly cautious of, I still can't believe they found that huge grow, within 15, maybe 20 miles of here, orginally said it was 4000 plants, then said 6000 plants. Its hard to prosecute, as its highly unlikely you'll catch them unless there is stake out. The thing that got me was the size and knowing like any plant, crop what have you, you have to take care of them to insure they'll produce, and this plant is no exception, thats not a one man operation and I can't imagine how many people it takes and what kind of people are doing this, someone hard on their luck, trying to "moonshine" or a dangerous criminal element determined to succeed, meaning I do not want to meet you by accident in the woods LOL !
 
I saw some really interesting signs of similar language somewhere on the net, something like active shooting range would work as I do have a large scaffold stand and rest with chairs, 3 frames up, like a watchtower, has a roof, very plausible, and there is a shooting lane of 300 yards.
 
Vandalism and stupid behavior is why you can't ride motorcycles in the desert out west anymore. I hope you find a way to fix this problem.
 

My friend has a power line down behind his buildings that the four wheeler kids like to ride. Now that's OK until it is wet when they start going out into his row crops to get around the mud and sometimes wrapping fence wire up on their axles. One time he heard them down there so he jumped into his truck and met them where the power line crosses the road. He had his double barreled twelve gauge cradled in one arm and with a smile asked them to all contribute $20.00 each towards repair of his fence. Those that had more contributed to those that didn't have the twenty, and he hasn't had a problem for a few years now. I told him that I thought he was getting a little out on the edge.
 
No wonder we have problems in America. Some of the people on this forum can come up with a dozen excuses for ever bad behavior. Only time it counts is if they personally get gored.
 
in alabama a power line right of way does not mean public property. the property is still privately owned and controlled. the utility just has the right to enter, clear and maintain its established right of way.
 
i got homemade spike strips 2x2x1/4 angle iron with 1/2 sucker rod about 2 inches cut one end at a 45 and weld the other to the angle iron
 
Billy, I have been reading all the responses with great interest. and agree with a great deal of them but it occurred to me if you could fill that 175 ft opening with old One-ways, and plows of various kind, and old grain truck or two and make a fence of hard to move items that would be a way to simply block the access to the 4 wheelers, and they couldn't move them for they are too heavy. That might be and option and give you a reason to hit up every old farm implement yard around, perhaps find a treasure or two.
Though my first option is a spike tooth harrow turned upside down in the 4 wheeler tracks.
I usually tend to be more radical on crap like this, but the thought came to me and it might be a way to simply Hem them off your place! Without escalating the problem or direct confrontation, You don't know what kind of Riff-Raff you may lock horns with, or what they are capable of!
Hope this helps.
Later,
John A.
 
Another approach is to set up a fake video camera in plain sight. Make it look like it belongs to the power company, and put it up high where it can't be reached without a ladder. They'll try to steal a game cam, but ATVers are dummies and they're likely to think that fake video camera is being monitored live by some fat security guard back at the power company.
 
I just skimmed over NY trespassing law. The most you have right now is simple trespass which is only a violation.
What I gather is that if you were to construct a fence or a gate that they would have to dismantle or destroy to gain access, they have just raised the ante to misdemeanor vandalism which also raises the trespass to a misdemeanor level.
Not a lot of help but if the sheriff still refuses to do anything a bit of pressure on the DA may help.
 
We have tried felling big trees, barbed wire, cables etc. In hunting season nothing stops them. The cut it all. This summer I took spruce branches and brush piles and pushed them all into the trails about 8 ft tall. They won't cross them because it pokes holes in the cv boots and plastic fenders.
 
I think thats correct, by maintaining the fence, if they do it again, some photos may help, and at that point it may be something worthy of reporting. Cat and mouse here until the cat finally wins by waiting long enough.
 
I like that idea, it would be comical to seek out some of this, like you said, might find something good, which usually is the case when I go and buy from someone with a listing on CL, always ask what else they have, and most times its well worth it.

Ironically, I have an old grain truck, but could never do that with it, and 2 old plows, but I use those, they would make nice barriers LOL !

I'll likely make the repair, add what I can to it, see what happens, in addition to placing a well hidden camera, there is no doubt they will come back and at least the fence and what have you will take time to get past if thats what they want, should be able to take a decent photo.

It is true, you may not know if any of them are dangerous, its always in my mind and how I conduct myself, I have to admit, its not common, but it only takes one, often times these kinds of meetings turn into conversation, an understanding that we don't want people on the land, asking for permission or otherwise it might be different, but I tried this before, just let it go, before I knew it I had people doing jumps off the shale hill after 10pm at night, waking me up and having to head off to work early, that kind of activity had to be stopped.
 
I take 2"x2"x1/4" angle iron, cut short pieces into points, one piece is a single point, the next a double, I then take a length of the angle iron, weld those pointed pieces on, also drill or cut a hole for a landscape spike on each side. Once the points are welded on, I sharpen them with a grinder, finish with a file. It rusts up in no time, old rusty steel is even better. I then take the piece, place it where it is easily hidden, then drive 2 landscape spikes or whatever to pin it down, drive over that, it aint no boards with nails to bend over that is for sure.

I absolutely do not like having to put these out, they're still at the last location they were passing through, which is closed up and covered up with prickers, I have yet to move them again, leaning towards doing that now, honestly wish people would get the idea here.
 
I'd be worried that would invite them to burn the brush and or whats piled up.

I think most of the year, ok fellas, its private land, please go away now thanks, but for the archery and rifle season, as well as any bird hunting and or what have you around the same time, that is annoying, and is why I try the rest of the year to stay on these people. Few weeks back one of the 3 I went after and found in a neighbors driveway agreed, they were polite, asked them nicely, and one has a loud pipe, I can still here them come and go, but they don't use our place as a pass through anymore, wish it was that simple.
 
Not a bad idea, the one set of powerlines has double wood poles, tall enough I could safely mount something up high in direct view of them, even if real, they would need a ladder or have to shoot it down. I would need a non metal ladder, don't like the idea of doing it, but the 30,000 volt lines are much further up, it would easily be seen. These posts have to be 70'+ out of the ground, I think 16 feet up would be fine, I would not even consider it until I knew exactly what the safe distance is from those lines, I think I've got other options, though one of those poles would provide the perfect angle, if they shoot it down, power company would not appreciate that, probably get their security involved.
 
Maybe you could ask a deputy to attend a local ATV club meeting and have him ask the club for assistance to find out who the trespassers are. If you had a large group on the property, one or some of them must belong to a club. They might decide that they need to find a new place to play. If you could determine where they ride to, you may find out who one or more of them are also.
SDE
 
Dummy up a bird house, with a camera behind the hole. Put up several similar bird houses first, where they can be seen, as just bird houses. If you are gonna run a decapitation line, run it a little low, and it'll catch them on the chest. I use garden hose, cause it snaps back, and pulls off chest hair, when it finally breaks! Also, for flat tires, nothing beats gaucho barb wire, fastened to the ground, with sod staples.
 

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