DarthBrooks: Pocket Ninja: It feels to me like there's a whole lot missing from this story.

Needs more Billy Jack.

Nah. Needs more NPH.

Serves him right, acting all Superior an' 'at.

Know who else arrested people for no apparent reason?

If the company had a utility easment then he was trespassing on their property. But like Pocket Ninja said, there's a lot missing here.

fappomatic
Know who else arrested people for no apparent reason?


Dubya

40below: Couldn't he have just solved this the American way and shot the pipeline crew to death after finding them on his property? Instead he goes and does something that will get him arrested.

What exactly did he do to get himself arrested? Confronting intruders on his own property!??

I agree we haven't heard the whole story.

This kind of thing doesn't happen out of thin air.

In all fairness it against most municipal laws in WI to leave the house sober.

If he had not yet been compensated for the easement, then the transaction was not yet complete. So it's still his property = get off his lawn, right?

But, you can't trespass, on...

/head asplode

fernanernie: In all fairness it against most municipal laws in WI to leave the house sober.

Unless you are on the way to the bar.

Seems there's a dispute as to the location of the property line between dad and son. Dad probably lied to energy company about the location of the property line to get the easement. Any surveyors here want to weigh in?

killahgrag: DarthBrooks: Pocket Ninja: It feels to me like there's a whole lot missing from this story.

Needs more Billy Jack.

Nah. Needs more NPH.

Let's just assume for a moment that, even if there is more to this story, the homeowner was within his own right and was arrested unjustly.

Can he turn around and have the utility company arrested for trespassing? How about the Sheriff, since they didn't have proper cause a crime was being committed?

It's the Liberals' fault.

I didn't realize that Wisconsin was a member state of the United Kingdom.

Fark amateurs. What this thread needs, like all threads, is moar boobies.

I submitted this with a better article: Link (new window)

Company is using an outdated easement, man objects, man gets arrested.

/Apparently, the article started requiring a login after I submitted?

Pipeline probably took easement via eminent domain and compensation hasn't yet been agreed on through courts.

Was it this guy? (DNRTA)

Superior man confronts pipeline crew, arrested for trespassing on his own land


Guess he wasn't that Superior after all.

Pocket Ninja: It feels to me like there's a whole lot missing from this story.

Why yes, as a matter of fact there is more (new window) to this story.

They refused payments to modify an existing right of way.

I wonder if they were trying to drink his milkshake, drink it up.

It says the man confronted them because he had not been compensated for an easement. To me, that says he already agreed to the easement, and he just hadn't gotten the check in the mail yet.

He was mad at not having been paid in a timely manner, and went out to raise some hell with the workers. The workers, having been told they had a right to be there, called the cops. The cops find out that the man had granted the easement, and hence he was trespassing.

Valor: If he had not yet been compensated for the easement, then the transaction was not yet complete. So it's still his property = get off his lawn, right?

That seems to be the thinking the man and his father are operating off of.

Damn it. The Duluth News Tribune had a much more detailed article than this one. Of course, since they are getting tons of hits, they've instead decided to hide it now and you have to register and login, etc.

I'll try to summarize that article from what I read:

-Jeremy Engelking's father is mixed up in this too. He has refused payment for changes that were made to the easement that the pipeline is on. The idea being if he accepts payment then he agrees to the changes.

-Jeremy Engelking stated that he was discussing the matter with the oil workers when an officer arrived on scene, pulled a taser on him and placed him under arrest. The officer, according to him, was unconcerned that he was on his own property. He was accused of parking his ATV in the way of the construction equpiment and thereby interfering with the workers.

-He was out deer hunting at the time and was armed.

The company had an old easement. They offered him cash to increase the size/decrease the restrictions on that easement. He refused. They went ahead anyhow, trusting that they'd eventually get their way in court. Looks like the local law is in their pocket, so they probably will.

Here's the full story:

Link (new window)

Edymnion: It says the man confronted them because he had not been compensated for an easement. To me, that says he already agreed to the easement, and he just hadn't gotten the check in the mail yet.

He was mad at not having been paid in a timely manner, and went out to raise some hell with the workers. The workers, having been told they had a right to be there, called the cops. The cops find out that the man had granted the easement, and hence he was trespassing.

Apparently they did try to give him compensation, and he refused to accept it. Therefore, he was not compensated for the easement and the transaction has never been completed. Unless a judge forces him to accept the compensation.

tjhal2001: killahgrag: DarthBrooks: Pocket Ninja: It feels to me like there's a whole lot missing from this story.

Needs more Billy Jack.

Nah. Needs more NPH.

Also acceptable.

Get off my lawn!

that reminds me of a similar issue in georgia from a couple years back:

Link (new window)

what a shame.

A nice tasering would have rounded this story our nicely.

jafiwam
fernanernie: In all fairness it against most municipal laws in WI to leave the house sober.

Unless you are on the way to the bar.

Can you just have your ticket validated?

Hell they're putting an oil pipeline across his property. Its not like he can't get the money back once it's up and running.

/whats oil goin for these days?

Why on earth would anybody live in Superior when Duluth is only a bridge away?

Linked on TFA's page is something called Cheers for Cheerleaders (new window) and this gets greenlit?

From the Superior Telegram:

" Easement dispute with Enbridge ends in arrest

Jeremy Engelking will appear in Douglas County court at 1:30 p.m. today to face a trespassing charge. Here's the kicker: He was cited for the violation without ever leaving his own property in Superior.

The 27-year-old man was going out to hunt deer last Wednesday morning when he noticed a work crew installing a new pipeline for Enbridge Energy Partners L.P. on his property. He rode his ATV over to the trench and shouted down to the workers about 10 a.m.

"I told them I didn't want the pipe to be put in because I hadn't been paid for an easement across my property," Engelking said.

Workers told Engelking he was not standing in a safe place and asked him to come around to a staging area on the other side of the trench. He complied and continued his conversation in this designated area

Engelking said he talked to a right-of-way agent there, and at about 11 a.m. the Enbridge representative agreed to pull workers off the job until the easement issue could be resolved.

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

"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 the officer told him: "It doesn't matter. You're going to jail. You can tell it to a judge tomorrow."

Engelking said after placing him in handcuffs, Sgt. Robert Smith, chided him for "trying to stop a multi-million-dollar project."

Engelking's ATV was impounded following his arrest, and his cased rifle was seized as evidence. He was released later that afternoon, after posting a $200 bail bond. He reclaimed his rifle but had to pay about another $100 to recover his impounded ATV.

In a subsequent report, Sheriff's Deputy Cory Knutson said Michael Bradburn, the lead right-of-way agent for Enbridge, told him that Engelking "had parked his ATV in front of their equipment, stopping workers."

But Engelking said it was never his intent to physically block workers or their equipment. He pointed out that he came around to the area where the equipment was positioned at the company's request.

Lorraine Grymala, a community affairs manager for Enbridge, said access to work sites is restricted in the interest of safety.

"We can't have people in the right of way without an escort and the proper gear," she said. "People could get hurt."

Jeremy Engleking and his father, Jerry Engleking, who owns 200 acres next door to his son, have had a long-running disagreement with Enbridge, dating back to the company's last pipeline expansion in 2002. Jerry Engelking said that he refused to sign off on changes proposed to the original 1949 easement agreement across his property because he felt the revised document put too many restrictions on how he could use neighboring property in the future. That first easement said any future pipes laid along the same route would be predicated on additional payments being made to affected property owners.

According to court documents from the Sept. 25 hearing, Enbridge sent a $15,000 check to Barbara and Gerald Engleking, and also tried to hand-deliver payments, but the couple refused to accept them.

Engleking acknowledged that Enbridge repeatedly offered him money to sign a revised lease agreement. But to claim the money he would have had to broaden the scope of the existing easement across his property, so he turned the checks down.

When the latest pipeline project came along, the Engelkings again refused to modify the original 1949 right-of-way agreement.

The family filed a petition and complaint for a temporary and permanent restraining order against Enbridge on Sept. 24.

Douglas County Circuit Court Judge George Glonek granted a temporary injunction but lifted it the following day and upheld Enbridge's claim to a valid easement.

Officers have had no similar incidents along the path of the Enbridge pipeline construction, said Lt. Gerald Moe of the Douglas County Sheriff's Department.

Grymala said Enbridge has worked with approximately 1,500 landowners as part of the pipeline project.

"We recognize construction is an inconvenience to people; people want access to their land," she said. "We strive to be respectful of that, to have a good working relationship." "

Link (new window)

The pipeline company is clearly in the wrong IMNSHO. The property owner never agreed to their expansion of their existing easement although they did try and pay him off.. but he refused.

The company jumped the gun and should have sought legal redress prior to commencing the work.

I'd like to be in this guy's shoes.. when all is said and done he might be forced to accept the new easement, but the company is going to have to pay him a mint for his inconvenience, legal expenses and using their easement illegally... as they may have an easement, but the property still belongs to him.

Rambino: It's the Liberals' fault.

LOL.

Well liberals ARE the ones who encouraged judges who give private companies imminent domain power, so... Actually, it is their fault. The government really should not have done that, it's one of the most corrupt arrangements in the history of violations of our constitutional liberties.

40below: Couldn't he have just solved this the American way and shot the pipeline crew to death after finding them on his property?

Or the British way -- lying down in front of the bulldozer.

Where's eminent domain when you really need it?