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Re: Trespassers: Grayson County [Re: MDMORROW] #5686753 04/06/15 06:56 PM
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I do think that I'd dig a trench in the area where the folks are mudding. Cover the trench and put hay on it, and also randomly in other places. Do it right and you won't just have the license plate, but will have the whole truck.

Years ago we had a problem in our Houston subdivision. Kids would drive their trucks up over the curb and scatter our bagged garbage on 'garbage pick up day'. We'd have to put the bags out at night and they'd be picked up very early in the morning. That worked fine till the high school kids got the cool,idea to run over the bags. My neighbor took a big garbage bag, cut a hole in the bottom, fit it over a water hydrant, and then filled the bag with crumpled newspaper. We heard the noise the next morning. He didn't get the whole truck, but he got a bumper and apparently most of the engine oil. Quite a mess. Problem solved.

So dig a trench.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5686885 04/06/15 08:00 PM
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Is it true that it is illegal to enter private land, even if it isn't fenced and has no signs up?


Re: Trespassers: Grayson County [Re: postoak] #5686906 04/06/15 08:06 PM
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Originally Posted By: postoak
Is it true that it is illegal to enter private land, even if it isn't fenced and has no signs up?


uhhh..yes it is


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Re: Trespassers: Grayson County [Re: postoak] #5686919 04/06/15 08:09 PM
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Originally Posted By: postoak
Is it true that it is illegal to enter private land, even if it isn't fenced and has no signs up?


It is a much better 'defense' for enforcement if you have a fence (even temporary) and signs.
In this case, I'd get a couple dozen t-posts and a roll of barb wire, and run a 2-string fence with signs across the front & a locked gate, till the permanent fence is built.
Anybody cutting the fence and entering is a criminal, and should be treated as such!

Re: Trespassers: Grayson County [Re: MDMORROW] #5686928 04/06/15 08:14 PM
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Originally Posted By: MDMORROW
Originally Posted By: postoak
Is it true that it is illegal to enter private land, even if it isn't fenced and has no signs up?


uhhh..yes it is


Here is the law on it:

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

Last edited by dfwroadkill; 04/06/15 08:14 PM.
Re: Trespassers: Grayson County [Re: MDMORROW] #5686943 04/06/15 08:24 PM
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According to that law then, the answer is "no" as no notice has been given that entry was forbidden.


Re: Trespassers: Grayson County [Re: MDMORROW] #5686973 04/06/15 08:41 PM
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Yessir, I would tend to agree... That is why you see "No Trespassing" signs hung everywhere.

Re: Trespassers: Grayson County [Re: MDMORROW] #5686976 04/06/15 08:44 PM
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It would still be destruction of property in this case, though, since they tore up his land, right?

I've read that passage three times now, and I still find it hard to believe that you can walk into my front yard and not be trespassing, just because we don't have a fence along the border or a no trespassing sign or purple paint. Seems like a loophole, but that's the way it reads.

Last edited by Duck_Hunter; 04/06/15 08:45 PM. Reason: Clarification

Originally Posted by bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5686984 04/06/15 08:51 PM
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Should've mentioned earlier that yes there are signs up and have been for sometime.


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Re: Trespassers: Grayson County [Re: Duck_Hunter] #5686992 04/06/15 08:56 PM
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Originally Posted By: Duck_Hunter
I've read that passage three times now, and I still find it hard to believe that you can walk into my front yard and not be trespassing, just because we don't have a fence along the border or a no trespassing sign or purple paint. Seems like a loophole, but that's the way it reads.


I'm not an attorney, but I have been down this road. A police officer felt trespass occurred when someone simply walked onto another persons property without permission. In that instance, the officer was found to be wrong because there was nothing posted to alert the person that his entry was not permissible.

Re: Trespassers: Grayson County [Re: MDMORROW] #5686997 04/06/15 08:59 PM
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Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
(b) Except as provided by Subsections (f) and (h), an offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than $50; or
(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $500 or more but less than $1,500; or
(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;
(4) a state jail felony if the amount of pecuniary loss is:
(A) $1,500 or more but less than $20,000;
(B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
(b) An offense under this section is a Class C misdemeanor.


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Re: Trespassers: Grayson County [Re: dfwroadkill] #5687006 04/06/15 09:04 PM
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Originally Posted By: dfwroadkill
Originally Posted By: Duck_Hunter
I've read that passage three times now, and I still find it hard to believe that you can walk into my front yard and not be trespassing, just because we don't have a fence along the border or a no trespassing sign or purple paint. Seems like a loophole, but that's the way it reads.


I'm not an attorney, but I have been down this road. A police officer felt trespass occurred when someone simply walked onto another persons property without permission. In that instance, the officer was found to be wrong because there was nothing posted to alert the person that his entry was not permissible.


Interesting. Thanks for the feedback. Guess it doesn't matter, because the OP says he has signs posted.


Originally Posted by bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687007 04/06/15 09:04 PM
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Originally Posted By: MDMORROW
Sec. 28.03. CRIMINAL MISCHIEF.


There...now you have something... up

Last edited by dfwroadkill; 04/06/15 09:06 PM.
Re: Trespassers: Grayson County [Re: MDMORROW] #5687012 04/06/15 09:06 PM
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Plus criminal trespass is a case that is pursued by the authorities, you can go after a trespasser in civil court without criminal trespass charges filed. It's a moot point though because I don't intend to do any of that. Like I said originally, I just want to get them to stop but don't want anyone winding up in real trouble unless they keep it up.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687014 04/06/15 09:07 PM
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Yessir, and I agree with that approach.

Re: Trespassers: Grayson County [Re: MDMORROW] #5687060 04/06/15 09:36 PM
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csi


Recently got a gym membership, strange folks! I like to show up the roid zombies with my full motion curls with the 55lb. bells. Not their cheater short stroked light weights. It's holarious.
Re: Trespassers: Grayson County [Re: MDMORROW] #5687136 04/06/15 10:18 PM
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I'm with you, MD. I think it's the right way to go about, given what you're showed and told us. If it's kids, no reason, at this point, to have them arrested if you can find them and talk to them or their parents. Might not work and then you can hopefully get the authorities to take it from there.


Originally Posted by bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687158 04/06/15 10:29 PM
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Plus I've got additional cams up now so I'll catch a plate if they come back and/or don't steal my cameras. We'll see.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687210 04/06/15 11:05 PM
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Hey Myron, sent ya a pm on another subject my friend.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687241 04/06/15 11:31 PM
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We had 75 trail cams out on the oil and gas leases trying to catch the oil thieves. It was a tri county and TX ranger investigation. The cams caught the guy and it was our own salt water haulers stealing our oil. They knew what we had because they pulled our salt water tanks down all the time. They had it going on with their dispatch station and knew where to be at, at all the right times. Isnt it nice when the company your paying to haul your salt water off steals from you too. 75 trail cams sounds like a lot of moneys worth at 300 dollars a piece doesn't it? Whats one truck load equals 130 barrels of oil at 100 dollars a barrel times 77 truck loads? csi


Recently got a gym membership, strange folks! I like to show up the roid zombies with my full motion curls with the 55lb. bells. Not their cheater short stroked light weights. It's holarious.
Re: Trespassers: Grayson County [Re: cm250] #5687351 04/07/15 12:24 AM
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Originally Posted By: cm250
Hey Myron, sent ya a pm on another subject my friend.


Try me again I didn't see anything. Just emptied out my box though and could have missed it.


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Re: Trespassers: Grayson County [Re: MDMORROW] #5687798 04/07/15 04:43 AM
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I hope the Op has better luck than I did with reporting trespass. I had an attempted break-in to our cabin (trashed the door pretty bad, but did not get in) with theft of some tools and a ladder. Couple of months later, we had another theft of everything not tied down from the car port and several hundred in damages to my old 4X4 they were trying to steal.

I put up several hidden game cams and a decoy cam that was easy to spot and steal. One of the cameras caught a skinny woman crawling through the locked gate, which has a "no trespassing" sign on it. The picture included a clear view of the vehicle she was in. You could read the license plate and identify the make, model, and year of the truck. Good profile view of the woman's face...clearly not a minor.

I turned all the pics over the Anderson County SO and made it clear I wanted to press charges for trespass. That is the last I heard about it. Follow up calls and emails were not even responded to.


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Re: Trespassers: Grayson County [Re: dfwroadkill] #5687820 04/07/15 05:06 AM
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Originally Posted By: dfwroadkill
Yessir, and I agree with that approach.
Me too. Sometimes you can win the battle and lose the war.


Life is too short, as is. Don't chance it.
Don't text and drive.
Re: Trespassers: Grayson County [Re: nak] #5687824 04/07/15 05:13 AM
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Originally Posted By: nak
I hope the Op has better luck than I did with reporting trespass. I had an attempted break-in to our cabin (trashed the door pretty bad, but did not get in) with theft of some tools and a ladder. Couple of months later, we had another theft of everything not tied down from the car port and several hundred in damages to my old 4X4 they were trying to steal.

I put up several hidden game cams and a decoy cam that was easy to spot and steal. One of the cameras caught a skinny woman crawling through the locked gate, which has a "no trespassing" sign on it. The picture included a clear view of the vehicle she was in. You could read the license plate and identify the make, model, and year of the truck. Good profile view of the woman's face...clearly not a minor.

I turned all the pics over the Anderson County SO and made it clear I wanted to press charges for trespass. That is the last I heard about it. Follow up calls and emails were not even responded to.
That's not acceptable. Have you filed a complaint about it? It seems like the LEOs should be up to this task. That sounds like a slam dunk.


Life is too short, as is. Don't chance it.
Don't text and drive.
Re: Trespassers: Grayson County [Re: dfwroadkill] #5688693 04/07/15 07:11 PM
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Originally Posted By: dfwroadkill
Originally Posted By: MDMORROW
Originally Posted By: postoak
Is it true that it is illegal to enter private land, even if it isn't fenced and has no signs up?


uhhh..yes it is


Here is the law on it:

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.


THose pesky definitions....


"Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

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