City slickers try to sue small town rancher for getting them ticketed for ‘trespassing’ after backpacking on his private property, rancher gets the last laugh: ‘I got the payment…'

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  • "Block my driveway?"

    I live on a fairly large (~4800 acres) ranch in Montana - I'm not a rancher, and I don't pretend to be, but I inhereted the ranch, and lease most of the land out to people who know what they're doing.
    via Doc_Hank
  • Now, when I took possession of the property I had the boundaries reviewed and marked by a surveyor, and with my trusty ATV I verified that the fence was intact all around my property, and was marked no
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  • tresspassing, according to the law. Met my neighbors, tried to live quietly in the beauty I had. One day, coming back from town, I found three cars blocking my driveway. My
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  • driveway is a private, graded gravel road, about 1 1/4 miles long from my fenced, marked, gate on the public access road. Nobody around, and because of the way the road was built with drainage ditches on either
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  • side - no way to drive around them, and no way to drive past them. But, I was about 3/4 of a mile from my house. I climbed up on my truck to see if I could see anyone around, no joy.
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  • Now, I considered just chaining on to the vehicles. and towing them with my truck, at least until I can get by...but I figured I better get some witnesses. So, I called it into the Sheriffs office...
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  • Fortunately the deputy on duty on my side of the county was fairly close by. so he swung by in a half- hour or so. "Hey, Doc" he said (I'm an emergency physician in the local hospital, and know most all of the emergency
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  • responders). "Bob, how's Charli (his teenage daughter, who I had seen a few months earlier in the Emergency Department) doing? "She's back to normal, thanks" he said. "What's up?"
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  • I pointed to the vehicles. "I came back from town and found these cars parked here. I don't know who they are, can't get past them, and can't see anyone around here. I'd like to get past them, to get to my house."
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  • "Well, I can ticket them and order them towed, but the nearest tow truck is probably two hours away. Why not just tow them yourself?" "That's what I was thinking of doing, but I wanted a witness."
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  • "OK, Doc. Let me give you a hand". So, we took some picture of all of it, and towed the cars out of the way - which caused some damage to the road surface (gravel, right?). The damage is what really annoyed me: I had just paid
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  • the bill to have the road graded and more gravel added - something that has to be done every year or so on such roads. But, I was able to get by, which was the important thing.
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  • The next morning, the cars were still there. And the next morning (so the cars had been there three days now), they were still there. I'd had enough. I drove out to the cars with some wooden cribbing, and a high-lift jack, and jacked
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  • the cars up, put cribbing down, and lef the cars there, wheels up in the air. It took two more days before anyone showed up. Eight people showed up, angry because their cars had been essentially booted..
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  • They really didn't like it when I told them they owed me for parking, and damage done to the road, because they blocked it. "You know this is a private road, right?" I asked. "We did't know!" "You had to pass a closed gate, with signs, to get onto this road.
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  • Then, you blocked the road - beause you were too stupid to park like an adult? Blocked emergency access to my home? I should have had your cars towed, which the Sheriff told me I could do."
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  • They started threatening me, saying they'd call the police. "Go for it". Turns out they were backpacking, and their phones had all did so they wanted ME to call the police. Fair enough. The
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  • deputy (Bob, again) showed up, and since he already knew the situation their claims didn't get far. This time, I had Bob trespass them - and them off my property. "They can wait for the tow truck on the public road" I
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  • said. "Also, Bob, I'd like to have their names, addresses, license numbers and vehicle registration noted in your report, for my lawsuit". "No problem, Doc".
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  • He took them to the public road (three trips). Called a tow truck, which took four hours to arrive. $500 fee per vehicle to lower them (I got the cribbing back) and tow them off my property to the public road (they were still trespassed).
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  • About a month later, I received notice they were suing me. Fair enough: I counter-claimed them, in the local court (they were from Denver, which is a drive away). My lawyer laughed at their claims.. So
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  • did the judge. And they were very unhappy when he ordered them to pay for resurfacing the road. (again), plus storage and punitives. They threatened to appeal: My lawyer explained they were welcome to do so, but the
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  • appeal would still be in Montana, in the State. Supreme Court (Montana doesn't have an intermediate appelate court), in Helena. In likely. three years before it's scheduled, plus legal fees on their end. And their
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  • odds of losing were pretty high. Plus, we'd be including more legal charges, plus charges for their 'camping' on my land, damages, etc (I found at least one campsite, where they left trash around - including an envelope with
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  • their name on it). It took a year, but I got the payment from the third hiker last week. I decided that the money will go to help pay for my annual summer BBQ for the county's emergency responders: Two days of
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  • smoked brisket and the trimmings, games for the kids, swimming in my pool, or my stream, and whatever. I do this every year, since its a small town. Small town living: So much better than the Big City I originally came from.
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