Man arrested for trespassing
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.
December 7th, 2009 at 12:33 pm
As someone who does a lot of oil and gas cases dealing with operators and easements… sue them. For a wheelbarrow full of cash. (Bonus points if you actually plead it that way.) If they really had not payed their easement royalty, it’s a slam dunk case.
December 7th, 2009 at 1:56 pm
It seems to me an armed man trespassing on someone else’s land to aid in violation of the owner’s property rights, just might be at risk of what all such trespassers risk.
He would be here.
December 7th, 2009 at 1:58 pm
Article says payment of royalties was offered and refused; and case has already been in court with the judge applying and then removing an injunction (removal based on attempt of pipeline co to pay).
It would appear that the pipeline company was laying for him; else why have police on hand?
December 7th, 2009 at 7:32 pm
When one is forced into a contract where one side has all the power it is called a “contract of adhesion” and in an honest courtroom is not upheld. It matters not that they offered to pay him, unless he accepted the payment and terms. He did not, therefore the pipeline company had no right to be on his land.
I think it would be revealing to get a look at the judge’s bankbook and record of deposits.
December 7th, 2009 at 7:34 pm
Otherwise I could offer you whatever I wanted for your house and have the cops move you out in handcuffs for trespassing because I offered to pay you. Look any different in that light?
December 8th, 2009 at 6:45 pm
Good point straightarrow. There definitely seems to be something going on here.
December 11th, 2009 at 5:11 pm
Which come to think of it, is basically what happened to Ms. Kelo, isn’t it?