Inspired by this news story.
I gotta admire this guy for taking a stand, but I also recognize his dumbassery for having a shotgun and waving it at the crew when they tried to retrieve their mowers.
Do I, as a property owner, have to submit to highwy departments or their contractors parking their equipment on my property without permission? What recourse do I have when they do?
I realize, under NC law, if I find someone actively trespassing, I cannot bar them from leaving in order to facilitate an arrest. I also fear that equipment parked on my land and outside of the highway easement makes me responsible for it’s safekeeping while it’s there. The easement is 10 feet from the edge of the road, but that’s all taken up by the (significantly deep and wide) ditch. The flat land suitable for parking is mine alone.
I have a small hobby farm, and I constantly deal with unauthorized people using my land as they see fit for parking, turning around, etc. Frequently they cause damage to my property in the form of tire ruts and dislodged groundcover, and I’m tired as hell of it. The next asshole hunter that parks his truck in my yard will find the driveways blocked, and he’ll have to get out through the 2+ foot deep ditch.
The state highway department and the paving contractors are notorious for leaving equipment where they please, and they don’t care about the ruts and dripping asphalt they leave behind. Fortunately they haven’t done it to me yet, but it’s only a matter of time.
What are the general legal principles regarding this?
FWIW, the news article happened about 20 miles from my home, but in Virginia.