Illegally wheeling on my own land!?

Pablo · **Joined:** Thu Feb 02, 2006 10:06 pm **Posts:** 1201

Well the law is stupid and it sounds like Barney Fife was a bit overzelous. Perhaps he assumed you were not the property owner? I can see him getting upset thinking you are trashing someone elses property and finding anything he can write you for to scare you off. If that is the case, he probably meant well by you-- the landowner. Not saying I agree with what he did, but if someone else was tresspassing on my land, I would have wanted him to take an interest in what was going on in my behalf. He should have had a little more respect for you, regardless. It has been along time since I lived in Texas, but when I did, the state troopers always treated my family with respect. Sad to see that is not the case for you. Hopefully it was an isolated incident.

chetos · **Posted:** Tue May 08, 2007 9:03 am

Let's use an anology here. Let's say you are a casual golfer. You have a good time with the game but do not take it too serioulsy. Having a good time with a couple of buddies. You think you have a fair interpretation of the rules. You end up getting paired with a 'rules monger' one day. You hit a blind tee shot that you feel was good. You go to where your ball was suppose to be and discover that it's lost. He says that if you want to play by the rules you have to go all the way back to the tee box and you'll be hitting 3. Do you get upset at him for that?

It's our responsibity to know the rules. You say that you were a mile out from the road but you had people all over watching the scene. So it must not be that far out 'view'. The fuz was probably in a bad mood because a.) wasting resources...Fire Dept and EMT's. (someone else, somewhere else could have been injured seriously and had to wait because of this). b.) wasting his time...(which is why he tried to get you for as many petty things as possible) and c.) how was your attitude towards him while this whole thing went down. Do I think some of these things are pretty petty? Yes I do. Will some of these get thrown out of court? Yes they probably will. I am sure there is a lesson in this for you, although I am not sure what it is

If you don't like the laws, get in a position where you can change them (like someone else suggested). If not, it's your responibity to know and follow them. Especially while wheeling. We get too much of a bad rap most of the time so we must go out of our way to be the ambassadors of good wheeling. That's what this community is all about.

BVCRD · **Posted:** Tue May 08, 2007 10:59 am

No one owns the creek! You may own the land on each side, but not the waterway. You were destroying habitat.

O_Dogg · **Posted:** Tue May 08, 2007 11:05 am

not to sound like an booty but "It's time to take your medicine son" yeah it sucks to get tickets for doing stuff on your own property, but (bear with me a out of the arena scenario) if you had a party and there was a report of underage drinking, cops can come on your property even if it is gated and posted and check ID's and confiscate all booze if they feel there are kids hiding.

i know it sucks but you broke a law even though it is new it isnt the responsibility of the law to inform you of every new law that is passed

he may have been a little harsh with the license and insurance but what can you do.

BVCRD · **Posted:** Tue May 08, 2007 11:21 am

O_Dogg wrote:

not to sound like an @$#% but "It's time to take your medicine son" yeah it sucks to get tickets for doing stuff on your own property, but (bear with me a out of the arena scenario) if you had a party and there was a report of underage drinking, cops can come on your property even if it is gated and posted and check ID's and confiscate all booze if they feel there are kids hiding.

i know it sucks but you broke a law even though it is new it isnt the responsibility of the law to inform you of every new law that is passed

he may have been a little harsh with the license and insurance but what can you do.

I was once canoeing down a stream in Missouri, and the land owner came and told us we couldn't do it. I told him he doesn't own the water, and he said, "yea, but I own the land on both sides and you better not touch it." I stood up in the canoe and commenced to relieving myself on his behalf.

O_Dogg · **Posted:** Tue May 08, 2007 12:00 pm

yeah we get that here while fishing standing in the water and kayaking some people are just :roll:

chadhargis · **Posted:** Tue May 08, 2007 12:05 pm

"Citizens arrest! Citizens arrest!"

skywarn · **Posted:** Tue May 08, 2007 12:27 pm

chetos wrote:

The land may belong to your family but I believe the 'water' belongs to the state.

i sadly agree... you may own the land but unless you own the mineral rights... your SOL... this is why it is against the law to build a fence over a river/creek etc... the state owns it and 10 feet on either side...

RkyMtnKJ · **Posted:** Tue May 08, 2007 12:36 pm

yeah agreed, water is a usufructory right...not one person can own the water just the land that it travels over...as said before some people just like to keep a pole up their _____.

gone_jeepin · **Posted:** Tue May 08, 2007 12:42 pm

SO just out of curiosity, if you don't mind me asking how much was the fine for playing in the water??

BVCRD · **Posted:** Tue May 08, 2007 12:52 pm

skywarn wrote:

chetos wrote:

The land may belong to your family but I believe the 'water' belongs to the state.

i sadly agree... you may own the land but unless you own the mineral rights... your SOL... this is why it is against the law to build a fence over a river/creek etc... the state owns it and 10 feet on either side...

Ran into a few of those. Had to whip out my trusty Leatherman Crunch equiped with wire cutters.

tjkj2002 · **Posted:** Tue May 08, 2007 1:23 pm

Where I'm from you own 12ft into the lake,stream,or river.Don't own the water but the land under and you are permited to build fences to that 12ft mark.Cut my fences and your liable to get shot,and it's legal as long as I kill you,can't wound you or I would be in the wrong.But than again it's not considered trespassing if you cross onto someone's land as long as you don't go more than 12ft into it,go figure stupid laws(this one's more for hunting purposes,retreiving shot game).

BVCRD · **Posted:** Tue May 08, 2007 1:44 pm

tjkj2002 wrote:

Where I'm from you own 12ft into the lake,stream,or river.Don't own the water but the land under and you are permited to build fences to that 12ft mark.Cut my fences and your liable to get shot,and it's legal as long as I kill you,can't wound you or I would be in the wrong.But than again it's not considered trespassing if you cross onto someone's land as long as you don't go more than 12ft into it,go figure stupid laws(this one's more for hunting purposes,retreiving shot game).

Problem was, this fence was wider than 24 feet. It was illeagal and MY rights were being infringed upon. You can't kill someone for tresspassing. If you do kill them, you had better drag their still warm body into your house and claim self protection. Then, CSI would nail you for murder.

tjkj2002 · **Posted:** Tue May 08, 2007 1:49 pm

BVCRD wrote:

tjkj2002 wrote:

Where I'm from you own 12ft into the lake,stream,or river.Don't own the water but the land under and you are permited to build fences to that 12ft mark.Cut my fences and your liable to get shot,and it's legal as long as I kill you,can't wound you or I would be in the wrong.But than again it's not considered trespassing if you cross onto someone's land as long as you don't go more than 12ft into it,go figure stupid laws(this one's more for hunting purposes,retreiving shot game).

Problem was, this fence was wider than 24 feet. It was illeagal and MY rights were being infringed upon. You can't kill someone for tresspassing. If you do kill them, you had better drag their still warm body into your house and claim self protection. Then, CSI would nail you for murder.

I'm not talking about CO,I'm sure it's illegal here in CO to do that.In SD it's legal(alot of freak hunting accidents each year due to pesky out of state hunters) as long as your not in city limits,which my land(and my fathers) is not(some is close, but is not in city limits).

alpnst · **Posted:** Tue May 08, 2007 11:47 pm

The big question is it illegal to cross the water then. And if so that is ridiculous. How the hell are you supposed to ge to the other side?

rubigade · **Posted:** Tue May 08, 2007 11:58 pm

You know, I went from mad

to laughing :-)r

in a short couple of days. Ya'll are the funniest bunch of "Jeepers" I've ever encountered. Save for some here and there, these posts are getting way off subject but let me say a little more in a humorous toned response.
Remember, I went wheeling in MY creek! I was NOT golfing or fishing, I was not having an underage beer bash, I was not hunting critters or people, I was not building fences or cutting them, I was not operating a motor vehicle on ANY roadway and as a result of the findings in SB155, I broke NO laws by driving my Jeep, licensed or unlicensed, insured or uninsured in my family's PRIVATE property, creek or not. I said the highway was 1 mile away, not any roadway. I also said that the bridge was close to the entry point to the creek so, yes, I was clearly visible.
Man, I guess I could pretty easily pick my friends from your responses, cause I totally agree with some and probably couldn't carry on a conversation with others so I guess the Judge will have to rule and see what "doseage" he gives me of my medicine DAD! A few things I've been dying to reply to:
1. If I don't OWN the creek water running over my "land", then why is it LEGAL for me to dam it up and pump water out of it to supply my pond, irrigation system, livestock, etc?
2. I absolutely CAN build a fence ALL THE WAY ACROSS IT. How else am I gonna keep my cattle in?
3. Cutting any private landowner's fence IS trespassing and, in Texas, a shootable offense, depending on exactly WHAT the trespasser is up to and of course, depending on their story, assuming he can tell it.
4. To the "habitat" guy specifically, I can't believe you even OWN a Jeep!!
Anyhow, what really miffs me the more I think of it, is that the first person to see me and call his friends/neighbors to see, was a Mexican guy who is an ILLEGAL "immigrant"! And he's somewhere, in Red Oak, TX telling a story about some Gringo who drove his "brand new Jeep" down in a the creek and got it stuck!!!
The irony!!
P.S. The fine is nowhere on any list of offenses nor can the Judge find a place where a fine for such a "rediculous offense" exists. He laughed and said I might just have to do community service in the "community creekbed"! Can I use my Jeep??

O_Dogg · **Posted:** Wed May 09, 2007 12:18 am

alpnst wrote:

The big question is it illegal to cross the water then. And if so that is ridiculous. How the hell are you supposed to ge to the other side?

the bridge :wink:

everyone complains about a ticket for something they think is rediculous, it's a law, you broke it face up to it.

yeah it's a PITA but you gotta do it

BVCRD · **Posted:** Wed May 09, 2007 8:21 am

rubigade wrote:

You know, I went from mad

to laughing :-)r

in a short couple of days. Ya'll are the funniest bunch of "Jeepers" I've ever encountered. Save for some here and there, these posts are getting way off subject but let me say a little more in a humorous toned response.
Remember, I went wheeling in MY creek! I was NOT golfing or fishing, I was not having an underage beer bash, I was not hunting critters or people, I was not building fences or cutting them, I was not operating a motor vehicle on ANY roadway and as a result of the findings in SB155, I broke NO laws by driving my Jeep, licensed or unlicensed, insured or uninsured in my family's PRIVATE property, creek or not. I said the highway was 1 mile away, not any roadway. I also said that the bridge was close to the entry point to the creek so, yes, I was clearly visible.
Man, I guess I could pretty easily pick my friends from your responses, cause I totally agree with some and probably couldn't carry on a conversation with others so I guess the Judge will have to rule and see what "doseage" he gives me of my medicine DAD! A few things I've been dying to reply to:
1. If I don't OWN the creek water running over my "land", then why is it LEGAL for me to dam it up and pump water out of it to supply my pond, irrigation system, livestock, etc?
2. I absolutely CAN build a fence ALL THE WAY ACROSS IT. How else am I gonna keep my cattle in?
3. Cutting any private landowner's fence IS trespassing and, in Texas, a shootable offense, depending on exactly WHAT the trespasser is up to and of course, depending on their story, assuming he can tell it.
4. To the "habitat" guy specifically, I can't believe you even OWN a Jeep!!
Anyhow, what really miffs me the more I think of it, is that the first person to see me and call his friends/neighbors to see, was a Mexican guy who is an ILLEGAL "immigrant"! And he's somewhere, in Red Oak, TX telling a story about some Gringo who drove his "brand new Jeep" down in a the creek and got it stuck!!!
The irony!!
P.S. The fine is nowhere on any list of offenses nor can the Judge find a place where a fine for such a "rediculous offense" exists. He laughed and said I might just have to do community service in the "community creekbed"! Can I use my Jeep??

Out here in the west, we 4 wheelers prefer to "tread lightly" so as not to open the door to the tree huggers. I suppose you could build your fence 12 feet out on both sides so that the cows have to swim out and around the fence to get out. To stupid to do this by BTW. This would allow for easement to all that travel the waterway. You can't dam up the water because of water rights down stream. That one has been on the books like forever.

Spike6901 · **Posted:** Wed May 09, 2007 9:39 am

rubigade,

I am with you. It is your land that you and/or your family paid for in hard earned money, and spend countless hours maintaining I am guessing. It isn't like you are dumping sewage or chemicals in it.

If is was some big corporation that came in and bought it, set up condos or a resort, then there would be no 'tickets' given even though the immediate eco-system would be destroyed. Just the act of the contruction would do far more damage even if they did not dam the creek for a pond or something.

Sediment in water settles. What does it look like after a hard rain? I am a Texan and have seen how a Texas flood changes the creeks significantly every year.

You may not win the fight but I am on your side. Now, if it was a public, national or state park then I would say you deserve the worst punishment they can dish out because it ruins it for everyone.

But, it is YOUR LAND so don't bother to remove the Marlboro from your lips when you tell them officers to kiss your @$$, LOL!

chetos · **Posted:** Wed May 09, 2007 10:09 am

First, I think this whole thing is pretty petty. I agree with you, well mostly. I don't agree with the 'picking of friends' comment. Read some threads here and you'll find people who have probably never met willing to drive somewhere to help with lifts and other mods. Yeah, some beer, food and lodging and most here probably would if it didn't conflict with current lives/schedules. We are all friends here. We just have different opinions and views. Some of the responses here that made you 'laugh' were only trying to get you to look at this from a different point of view. Sorry if you took offense to that. Some of your local community may question why an insurance agent didn't have current proof of insurance. You can answer that easliy, I am sure. However it is a different point of view. Did the county have it out for you that day? Probably. Did you throw gas on that fire? Only you can answer that. We are a world wide community that exists to have a good time. We will differ/argue sometimes but I would say that 99% of us would be there for any of us.

Illegally wheeling on my own land!?

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