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Minnesota man arrested for trespassing on his own land
Duluth News ^ | 12/04/2009 | Duluth News

Posted on 12/04/2009 2:44:04 PM PST by The Magical Mischief Tour

Jeremy Engelking will appear in Douglas County court this afternoon to face a trespassing charge. But here’s the kicker: The Superior man allegedly trespassed on his own property.

Engelking, 27, aimed to hunt deer Wednesday morning when he noticed a pipeline crew on his land. He hopped on his ATV and told workers they had no right to be on his property because he had received no compensation from Enbridge Energy Partners L.P. for an easement.

Engelking said workers told him he was in an unsafe place and asked him to come to an equipment staging area, where he continued to argue his case.

But just as he was turning to leave, Engelking said an officer from the Douglas County Sheriff’s Department arrived on the scene and approached with a Taser drawn.

“He ordered me to 'get down on the ground now!' And he said that I was being arrested for trespassing,” Engelking said.

When Engelking protested, pointing out that he was on his own property, he said Sgt. Robert Smith told him: “It doesn’t matter. You’re going to jail. You can tell it to a judge tomorrow.”

(Excerpt) Read more at duluthnewstribune.com ...


TOPICS: Crime/Corruption; Government; US: Minnesota
KEYWORDS: donutwatch

1 posted on 12/04/2009 2:44:04 PM PST by The Magical Mischief Tour
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To: NorthWoody; Manic_Episode; mikethevike; coder2; AmericanChef; Reaganesque; ER Doc; lesser_satan; ...

WELCOME TO FREE REPUBLIC’S MINNESOTA PING LIST!

128 MEMBERS AND GROWING...!

FREEPMAIL ME IF YOU WANT ON OR OFF THIS LIST!


2 posted on 12/04/2009 2:47:08 PM PST by MplsSteve
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To: The Magical Mischief Tour

Did they shoot his dog?


3 posted on 12/04/2009 2:47:50 PM PST by Natural Law
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To: The Magical Mischief Tour

Sounds like Douglas County and Enbridge Energy Partners L.P are going to be forking over a chunk of change to this guy.


4 posted on 12/04/2009 2:50:02 PM PST by JennysCool (My hypocrisy goes only so far)
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To: The Magical Mischief Tour
1949 easement ~ there's an easement. The holder of the easement was trying to "do stuff". The guy parked his ATV in front of the equipment ~ no word on where the equipment was though ~ could have been on the easement.

So, yeah, he was on his own land but on the easement holder's part of it ~ more a landlord/tenant situation the way I read it.

So, ACLU? Where are they? Not likely ACLU will ever come to the defnese of a landlord.

5 posted on 12/04/2009 2:50:22 PM PST by muawiyah (Git Out The Way)
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To: The Magical Mischief Tour

I’m looking forward to hearing more about this.


6 posted on 12/04/2009 2:50:29 PM PST by Principled (Get the capital back! NRST!)
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To: Natural Law

I’m sure if he had one they would have blasted it a time or two...


7 posted on 12/04/2009 2:50:33 PM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

There was an earlier thread, with some good comments;
http://www.freerepublic.com/focus/f-news/2400258/posts


8 posted on 12/04/2009 2:50:54 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: The Magical Mischief Tour

It is a utilities right-of-way. Everyone makes the mistake of yelling at the guys on the job. They have nothing to do with the situation. These guys are doing what they are told in order to have a job. I did power line maintenance for 8 years. You would be very surprised to find out where I can go on your property if you have a transmission line through it, and I need to get to a structure. Just saying.


9 posted on 12/04/2009 2:53:09 PM PST by mirkwood (Every gov't is run by liars and nothing they say should be believed.- I.F. Stone)
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To: The Magical Mischief Tour
A lesson about easements. In this development everyone has an easement through the front yard so the phone company can run lines. This keeps them away from the water and sewer lines in the street.

In recent years we've had FOUR cable companies run additional lines in the phone company easement.

One of the installation companies has so far managed to bust up three sewer lines between homes and the street. In this county, if not your own, the cable companies are subject to TRIPLE DAMAGES for busting up sewer or water lines.

Your damage from a broken sewerline could run to over $45,000 in just a few days ~

10 posted on 12/04/2009 2:54:07 PM PST by muawiyah (Git Out The Way)
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To: JennysCool
Sounds like Douglas County and Enbridge Energy Partners L.P are going to be forking over a chunk of change to this guy.

Naw...they will condemn his land and “Sonia Sotomayor and the Supremes” will put the stamp of approval on the theft....

11 posted on 12/04/2009 2:54:19 PM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein))
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To: The Magical Mischief Tour

Engelking said workers told him he was in an unsafe place and asked him to come to an equipment staging area, where he continued to argue his case.

Thats where he should have gone home and called the sheriff to discuss.


12 posted on 12/04/2009 2:55:04 PM PST by omega4179 (0 is an embarrassment to us all.)
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To: The Magical Mischief Tour

The power company has lines that come down through our pasture. Last year they knocked at the door and told me they were planning to replace the poles, so they’d be higher and closer together. I said, “OK, fine. Thanks for telling me.”

I wouldn’t expect to delay them until they paid me for the privilege. Seems kind of silly, since they were doing an improvement to the power system.

Does the power company pay for an easement? I don’t know. I inherited it. But we do need power in our neighborhood.


13 posted on 12/04/2009 2:55:39 PM PST by Cicero (Marcus Tullius)
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To: The Magical Mischief Tour
Interesting commentary after the article.......

“To me, it appears there are three situations which might have authorized the police to arrest of this man: 1) violating a court order regarding this right of way dispute. This was not mentioned, so I will presume there was no order of the court; 2) an arrest pursuant to a warrant, which was also not mentioned; 3) a warrant-less arrest, which in the case of a trespass, requires the officer to personally witness the violation of law, but also, in the case of trespassing, for there to have been a complaint made by someone authorized to make a complaint (the owner or his agent). This is not mentioned here either. Police can typically only make trespassing arrests in the absence of a complaint if the owner has appointed the police as agents for such purposes (also not mentioned, but it seems highly unlikely given the circumstances.)

Unless the reporter failed to report relevant information (sadly, a common occurrence in today's media), this officer appears to have made a warrant-less arrest, and, based on what is reported here, it appears he lacked probable cause to do so.

If I were the officer, I would be worried. Lacking probable cause to arrest the man, the officer could be held in court to have deprived the individual of his civil rights “under color of law”, which could subject the officer to severe criminal and civil penalties. Furthermore, the officer would likely not be able to claim conditional immunity, and so he could be sued in his personal capacity (without his department also being sued), which could be financially devastating to the officer no matter the final verdict.

It will be interesting to see how this case pans out. I wonder if the ACLU will get involved? This is exactly the sort of case they like. The individual might also choose to file a criminal complaint with the FBI.”

14 posted on 12/04/2009 2:57:07 PM PST by Kimmers (Be the kind of person when your feet hit the floor each morning the devil says, Oh crap, she's awake)
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To: Kimmers
A judge should dismiss it. You can't be arrested for trespassing on your own property. And the sheriff can be sued for false arrest and illegal imprisonment under color of law.

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

15 posted on 12/04/2009 3:00:28 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: The Magical Mischief Tour

Interesting article.

Read the comments, they run just like a thread here might look...


16 posted on 12/04/2009 3:00:41 PM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: The Magical Mischief Tour
Superior Douglas County is in Wisconsin NOT Minnesota
17 posted on 12/04/2009 3:09:31 PM PST by Mikey_1962 (Obama: The Affirmative Action President)
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To: bamahead

Libertarian ping


18 posted on 12/04/2009 3:10:57 PM PST by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: Kimmers

I suspect laws vary from state to state but that analysis makes sense to me.

I’ll be watching FR for updates on how this turns out.


19 posted on 12/04/2009 3:16:34 PM PST by bigbob
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To: muawiyah

The easment in question legally required notification of the land owner - as per the artoicle had you been literate enough to read it.

It doesn’t make a damned bit of difference where the equipment was parked.


20 posted on 12/04/2009 3:20:01 PM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: The Magical Mischief Tour

Trespassing was most likely the wrong charge disorderly conduct most likely would have fit better.


21 posted on 12/04/2009 3:21:26 PM PST by riverrunner
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To: mirkwood

It is an easment with a legal requirement of notification of the land owner to use. The utility workers were legally required to leave until the conditions of the easment had been met.

Thank you for playing.

Read the article next time.


22 posted on 12/04/2009 3:22:28 PM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: MrEdd

It does appear the easement holder and the landholder had been notifying each other quite a bit in the immediate past.


23 posted on 12/04/2009 3:24:06 PM PST by muawiyah (Git Out The Way)
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To: MrEdd
Now, having given you the answer for why I whizzed right on past that part you think is compelling ~ give notice to owner ~ I'd like to know why you were too illiterate to read the part about where these two parties had been busy dragging each other through court recently AND, most importantly, that a judge had lifted an injunction against the pipeline country regarding what they were, in fact, at that moment, doing.

This is a dispute between a landowner and an easement holder over MONEY, not over RIGHTS BEING TRAMPLED.

24 posted on 12/04/2009 3:28:05 PM PST by muawiyah (Git Out The Way)
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To: The Magical Mischief Tour

The family refused payment for the easement. So the next step would be for Enbridge Energy Partners L.P. to file a suit in court for easement access and let the judge sort it out.

That the idiot sheriff’s deputy arrested him is cause for a major lawsuit against the moron sheriff. The energy company was clearly trespassing and the man had every right to question them.

The sh*thead deputy should be fired immediately for obeying a clearly illegal order by whomever gave it. I’m assuming the moron sheriff. That he arrested this man on his own property, for me, is clear grounds for suing this deputy into the poorhouse. The sheriff needs to be arrested for giving an illegal order and trespassing on the man’s individual rights in his property.

We have to remember, though, that the Duluth area is infested with the putrid offspring of proto-socialists who arrived here between 1890 and 1920 during the great immigration invasion from red flag waving eastern Europe.

These 20 million proto-Marxists from Europe were enough to push through the 16th, 17th, 18th and 19th amendments in our constitution. Thank Woodrow KKK Wilson and the swine oligarch bankers in New York City. The nascent communist and anarchist unions and that ugly old pig Mother Jones destroyed countless great American companies, including the Calumet & Hecla Mining Co.

This era began the socialist movement in America and provides bread crumbs to trace back why we’re suffering under that ghetto fascist pig obuma.

What pisses me off is that each succeeding generation from 1910 onward didn’t do squat to prevent this Marxist take-over of America.

We had a good shot of removing all these Marxist pigs when Sen. McCarthy exposed them and America was filled with hard-core combat veterans who fought in WW II. Instead, hardly anyone defended McCarthy and let him slide into oblivion.

Then the so-called “Greatest Generation” voted overwhelmingly for that swine LBJ and his fascist “Great Society.”

As you can see, I’m not too fond of the “Greatest Generation.” They removed the threat of fascism and communism in Europe, and then allowed it to blossum and grow here.

Okay, end of rant.


25 posted on 12/04/2009 3:33:32 PM PST by sergeantdave (obuma is the anti-Lincoln, trying to re-establish slavery)
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To: MrEdd
It is an easment with a legal requirement of notification of the land owner to use. The utility workers were legally required to leave until the conditions of the easment had been met. Thank you for playing. Read the article next time.

This is not a public utility like a power company with transmission lines. It is a private corporation which runs a pipeline, likely for natural gas or gasoline.

-PJ

26 posted on 12/04/2009 3:48:31 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: The Magical Mischief Tour

According to court documents, Enbridge sent a $15,000 check to Jerry Engelking and also tried to hand-deliver payments, but Engelking refused to accept them.

Sounds like Engelking was looking for a fight.


27 posted on 12/04/2009 3:49:04 PM PST by DManA
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To: MrEdd
It is an easment with a legal requirement of notification of the land owner to use. The utility workers were legally required to leave until the conditions of the easment had been met.

They did notify him.

Thank you for playing. Read the article next time.

28 posted on 12/04/2009 3:50:20 PM PST by ColdWater ("The theory of evolution really has no bearing on what I'm trying to accomplish with FR anyway. ")
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To: MplsSteve
"WELCOME TO FREE REPUBLIC’S MINNESOTA PING LIST!"

Actually, Superior and Douglas County are in Wisconsin.

29 posted on 12/04/2009 3:55:03 PM PST by Natural Law
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To: sergeantdave

I hate the “greatest generation” for raising the baby boomer idiots


30 posted on 12/04/2009 4:04:03 PM PST by I Shall Endure
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To: DManA

“According to court documents, Enbridge sent a $15,000 check to Jerry Engelking and also tried to hand-deliver payments, but Engelking refused to accept them. Sounds like Engelking was looking for a fight.”

The property owner can refuse payment for easement to his property. The next step is for the company to file a suit in court. Then the court sorts it out.

“Engelking was looking for a fight.” Yeh, it’s called freedom.

You obviously have no understanding of property rights or the legal process. No wonder we’re in deep sh*t. How about you take a hike to the time machine and go settle in fascist Germany.


31 posted on 12/04/2009 4:05:50 PM PST by sergeantdave (obuma is the anti-Lincoln, trying to re-establish slavery)
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To: Natural Law
This is an out of state absentee landowner, right? And an instate easement holder, right?

Plus, the judge reversed an injunction he'd granted earlier to the landowner, right?

And, the easement holder had notified the landowner earlier, right?

The landowner wants more money for "changes" the easement holder proposes which will require an adjustment in the easement (documents and space needed, or just documents?).

This stuff happens all the time.

We have a gas line company with a 72" line running through this community according to the list of easements on the deed addenda. It was something like a piece of the original "Big Inch". The actual line, according to guys who've seen it, is a teeny-tiny 36" system ~ whatever that means ~ whatever, when this sucker blows out everybody will know it.

About 15 years ago they were planning to build a bridge over nearby I-95, underwhich this line runs. Lo and behold I noted to the engineers at a public hearing that the main bridge supports were coming down directly on top of the pipeline.

I was assured the line would be "relocated". In the end, the road and bridge were relocated. It was further discovered that I-95 was missing the masonry work necessary to pass over this line, so beaucoup millions of bucks were spent redoing the whole mess.

In general highway departments do not adjust their roads to avoid major gas lines. On the other hand, they adjust everything to avoid relocating any of the great transcontinental pipeline main links.

My few minutes at that hearing helped the highway folks avoid a disaster, and tapped the taxpayers wallets for maybe $75 million!

32 posted on 12/04/2009 4:05:57 PM PST by muawiyah (Git Out The Way)
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To: I Shall Endure

“I hate the “greatest generation” for raising the baby boomer idiots”

Let’s be specific and on target: I hate the “greatest generation” for raising the LIBERAL baby boomer idiots

Okay?


33 posted on 12/04/2009 4:15:49 PM PST by sergeantdave (obuma is the anti-Lincoln, trying to re-establish slavery)
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To: Clintonfatigued

Got it over here:

http://www.freerepublic.com/focus/f-news/2400258/posts


34 posted on 12/04/2009 4:16:42 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: sergeantdave

How about you learn some manners.


35 posted on 12/04/2009 4:32:56 PM PST by DManA
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To: sergeantdave
Okay, end of rant.

And it was a really one!

Photobucket
36 posted on 12/04/2009 4:46:15 PM PST by Canedawg (Bring lawyers, guns and money.)
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To: Vaquero

AP St.Paul. Today’s decision by the United States Supreme Court has declared the entire state of Minnesota to be condemned so that Pfizer can take over ownership and control. All inhabitants of Minnesota will be required to leave by December 24th. All inns in the state will be closed. It is anticipated that many Minnesotans will return to Scandinavia or simply kill themselves. Pfizer said in a statement released earlier today that they may or may not ever use the land.


37 posted on 12/04/2009 4:56:46 PM PST by Doc Savage (SOBAMP!)
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To: MrEdd

I am surprised about the notification. Thank you for correcting me. Next time try not to be such an ass about it.


38 posted on 12/04/2009 6:30:25 PM PST by mirkwood (Only dead fish swim with the stream)
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To: Natural Law

Actually, I know.

The Wisconsin border counties adjacent to Minnesota are usually included when I do a Minnesota PING.


39 posted on 12/04/2009 8:41:27 PM PST by MplsSteve
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