# Pulled over by Dnr on atv



## BullDawg (May 5, 2010)

...............


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## BullDawg (May 5, 2010)

no not my property it was just a powerline field that I assume is owned by Ga power.
I was just curious, scared the poo out of me. when a guy in the middle of the woods jumps out in front of you while holding a glock in plain clothes jumps out in front of you its a little scary. Lol I thought I was getting robbed


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## germag (May 5, 2010)

Powerlines are definitely private property and you're definitely not supposed to be riding on them....but, I would think that he should have produced some sort of credentials if he wasn't in uniform.


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## DYI hunting (May 5, 2010)

I was under the impression powerline access roads/trails still belong to the landowner and you could be trespassing.  I googled Georgia Power to double check it - 


http://www.georgiapower.com/community/faqs.asp#24


> ATVs and motorcycles destroy grass, erode the ground beneath the lines and structures and pose serious hazards to individuals riding in and around guy wires. Transmission rights of way are not public property and this riding on them may be considered trespassing on private property. Consequently, motorized vehicles should steer clear of the rights of way.


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## Nicodemus (May 5, 2010)

BullDawg said:


> no not my property it was just a powerline field that I assume is owned by Ga power.





The powerline right of way can be owned by the utility company, but most are owned by the landowner. Line crew personnel have an easement to be able to access the property to perform work. 

In either case, you would need written permission to be there.


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## BullDawg (May 5, 2010)

I will try and find out who owns the land and get written permission.
Yeah I was just curious as to if he could tell me not to ride there.


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## BullDawg (May 5, 2010)

yeah I think I am going to at least check up on him to make sure he was the real deal. Dont want someone running around impersonating a cop/ dnr


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## LEON MANLEY (May 5, 2010)

If there is not a sign permitting atv riding then stay off of it.
I know where there is a place that you can ride for $1000.00 a day (if you get caught).


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## Unicoidawg (May 6, 2010)

BullDawg said:


> I will try and find out who owns the land and get written permission.
> Yeah I was just curious as to if he could tell me not to ride there.



Sounds to me like you already met the owner and I think you got your answer......


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## gadeerwoman (May 6, 2010)

Simple answer: if you DON'T have permission from the owner of the property, be it an individual or a company, you are trespassing pure and simple. Just because it's not posted does not give anyone the right to walk, ride, or meander thru a piece of property any more than it does a house or barn. Time to tighten the trespassing laws in this state.


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## Nugefan (May 6, 2010)

redneckcamo said:


> well if he wasnt a dnr officer and was just trying to intimidate you I believe he would be impersonating  .......  not to cool   and he could get in some hawt water if he tries it on the wrong person !



true dat .....



gadeerwoman said:


> Simple answer: if you DON'T have permission from the owner of the property, be it an individual or a company, you are trespassing pure and simple. Just because it's not posted does not give anyone the right to walk, ride, or meander thru a piece of property any more than it does a house or barn. Time to tighten the trespassing laws in this state.


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## MudDucker (May 6, 2010)

Most powerlines are constructed on easements, which means while the power company has the right to construct and maintain the lines, the landowner still owns all other rights to the land.  Therefore, you are trespassing when you enter upon a line right of way without permission from the landowner.  The power company can not even grant you permission except to work on the lines or for right of way clearing.


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## Miguel Cervantes (May 6, 2010)

Not the official code link, but close enough:

http://www.ehow.com/list_6383902_georgia-criminal-trespass-laws.html

The Georgia Revised Code defines criminal trespass at Title 16, chapter 7, article 2. The code distinguishes between trespass on land and trespass on an individual's use of his real property. Criminal trespass is a misdemeanor in Georgia punishable by a fine, jail time or both. 
*Personal Property*

<LI id=jsArticleStep1 itxtvisited="1">Under Georgia law, it is a criminal trespass to knowingly and maliciously interfere with another person's use of personal <NOBR style="FONT-FAMILY: Arial, Helvetica, sans-serif; COLOR: darkgreen; FONT-SIZE: 100%; FONT-WEIGHT: normal" id=itxt_nobr_3_0>property
	

</NOBR> without consent. The mental components of "knowingly" and "maliciously" mean the act of interference must be intentional, as opposed to an involuntary act such as sneezing or an accident. The act must also be intended to interfere with the other person's enjoyment. If anyone intentionally damages another person's property and that damage exceeds $500 in value, this is also criminal trespass under Georgia law. *Real Property*

<LI id=jsArticleStep1 itxtvisited="1">Georgia also defines criminal trespass in relation to real property. It is unlawful to enter someone's land or premises after having been warned by the owner not to or to remain on the property or premises after having been told to leave by the owner. It is also criminal trespass to enter a person's land or premises with the intent of committing any unlawful act. Georgia's criminal trespass law is written so that in addition to trespass on land, entering any kind of vehicle under circumstances that would constitute criminal trespass on land is also criminal trespass. *Military Memorials*

<LI id=jsArticleStep1 itxtvisited="1">It is also criminal trespass in Georgia to deface, mutilate or defile any grave marker or memorial of any armed service member that is privately owned or located on privately owned land. This definition includes any member of the armed services of the state, the United States or the Confederate States of America. It is criminal trespass to deface any monument that commemorates or recounts armed service. *Punishment*

<LI id=jsArticleStep1 itxtvisited="1">Criminal trespass is a misdemeanor in Georgia. Under Georgia law, any misdemeanor is punishable by a fine of up to $1,000, by imprisonment for up to 12 months or both. If the sentence is less than six months imprisonment, the sentencing judge has the discretion to allow the sentence to be carried out through weekend confinement or confinement during nonworking hours. The sentencing judge has wide discretion in such cases to determine the parameters of the confinement.


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## PChunter (May 6, 2010)

gadeerwoman said:


> Simple answer: if you DON'T have permission from the owner of the property, be it an individual or a company, you are trespassing pure and simple. Just because it's not posted does not give anyone the right to walk, ride, or meander thru a piece of property any more than it does a house or barn. Time to tighten the trespassing laws in this state.



I agree 100%, great post....


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## JustUs4All (May 6, 2010)

I would like to see Georgia's trespass laws tightened up also.  
Currently it is not against the law to go onto the property of another unless you are committing another crime or have been given notice not to do so.  Notice can be given personally or by posted signs.  One of the problems here is that you have to show that the perp. saw the signs.


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## meandmydog (May 11, 2010)

my grandmother owned property on powerlines. they paid her 20.00 a month rental.No lie


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## whiskerz (May 12, 2010)

gadeerwoman said:


> Simple answer: if you DON'T have permission from the owner of the property, be it an individual or a company, you are trespassing pure and simple. Just because it's not posted does not give anyone the right to walk, ride, or meander thru a piece of property any more than it does a house or barn. Time to tighten the trespassing laws in this state.





Exactly , I had the 4 wheeler crowd riding across my dirt when I bought it, even after I asked then to stop. I ended up with trees cut down and nailed to other trees 2 feet off the ground . A lot of work for me to have use of my property . Not one 4 wheeler rider ever asked permission , not once .


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## Mark Brooks (May 17, 2010)

If an ATV reider asked permission for my property, it would be a resounding no!!   Landowners are liable, even when they trespass, if there is any hazardous condition on the land!!


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