Targeting ATV trespassing

BY STEVE WILSON
THE DAILY IBERIAN
Published/Last Modified on Thursday, October 2, 2008 2:09 PM CDT

The Iberia Parish Sheriff’s Office is cracking down on people who ride all-terrain vehicles and trespass on parish residents’ private farms and property.

Iberia Parish Sheriff Louis Ackal announced Tuesday the formation of a task force that will help farmers in minimizing the damage to crops and equipment from illegal ATV use and other vandalism on their property. Ackal said this issue was raised during his campaign for sheriff.

“One farmer complained to me that his barn burned down with about $40,000 worth of equipment in it,” Ackal said. “That, coupled with many other complaints of vandalism on tractors, is the reason for the task force. There’s no rhyme or reason why people would do that.”

Task force members will be in daily contact with local farmers who will provide the location of their equipment so it can be monitored. Operations will take place day and night to deter vandalism to parish agricultural operations and equipment, according to the Sheriff’s Office.

Iberia Parish Scheriff’s Office Public Information Officer Wendell Raborn said illegal ATV use is not the only illegal activity the task force will address.

“The task force will look for individuals who are trespassing on private property and damaging the farmers’ crops with ATVs, dirt bikes and off-road vehicles,” Raborn said. “Individuals caught trespassing will be arrested and their vehicles will be impounded.”

Iberia Parish Councilman Glenn Romero represents a large number of farmers in District 9 and believes the task force is a good idea.

“Nobody really knows how much damage they have on these fields,” Romero said. “It’s not just ATVs. We’ve got trucks that are tearing up some of these fields, as well. It’s tough to get their tractors out there with the roads torn up like that. ”

Romero said farmers can potentially be held liable if someone comes onto their property and is injured, so the task force and its enforcement efforts will help give them some legal protection.

In May 2007, Cody Ables of New Iberia was found dead in a field off of Loreauville Road near Belle Place Middle School. He had apparently been riding an ATV in the field adn struck a steel cable. His father, Ron, asked the Iberia Parish Council to require farmers and landowners to better mark the cables to avoid similar tragedies. The council voted 8-6 June 28, 2007, to make that request of landowners.

“They need to enforce that trespass law,” Romero said. “The farmers have a legitimate complaint. ”

Raborn said the penalty for trespassing, on a first offense, is a fine of up to $500 and up to 30 days in jail. For criminal damage to property, such as farm equipment, the penalty is up to $1,000 in fines and up to six months in jail.

Ackal said the task force will represent a cooperative effort.

“We will work with the farmers on this and we encourage parents of juveniles who might do this sort of thing to use common sense — either get the farmer’s permission or stay off their property,” Ackal said.

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Comments

Kimbro aka Kim wrote on Oct 16, 2008 2:58 PM:

" Whoa Master Sparks!Are you confusing me with someone else?I don't roam on others property.I help the farmer who works my property by chasing the youth off.With rain comes mud,with mud comes tresspassers.I quoted no law.I do know however that if someone gets hurt on my property,be it right or not my name could end up in the law suit.I only want the farmer& the people he employs on my property.Not some kid with no where to ride his expensive toy, ruining the farmers hard work!If our farmer had your attitude it would be C'est tout! "

Master Sparks wrote on Oct 16, 2008 11:04 AM:

" To Kim: Wow! Some of you think a headland is open free range. You're qoting what you "assume" is the law. All trying to make it possible to traspass. It's called private property for a reason. If you don't own it stay off till you aquire permission. Traspass and suffer the consequences. I farm my land and I also lease. That gives me the right to control it. When someone wants to cross for survey reasons,they request permission and pay a fee, and sign a contract not to destroy anything. "

Verify info wrote on Oct 16, 2008 10:36 AM:

" About Atv DECALS. Call the Department of Motor Vehicles (DMV). You do not need Decals UNLESS u plan to ride on Property other than your own, or family land. Also about Tractors Tresspassing, YES,a Tractor is an ATV (All Terrain Vehicle) so they too cannot tresspass on your property. "

To the St Mary Farmer wrote on Oct 15, 2008 5:53 PM:

" You are so right. Ive called St.Mary Parish Police Dept . many time for these fools that drink and run these 4 wheelers on the roads and in the cane fields . they told me they have to caught them in the act and that they cant go in the fields. what about the,m drinking and driving. I tell you one thing i will not stop for one of them i pay insurance to drive my car and truck they dont have anything but they can drink and drive hummmm seems something is wrong . "

Kimbro aka Kim wrote on Oct 15, 2008 1:28 PM:

" AC, I did not know the difference, but am glad that we are getting a cut of the profit if it better protects me and my property(Especially seeing how I don't have to mow down the weeds!)I come from a long line of farmers and have great respect for those who work hard for a living, and help us keep food on the table. "

AC wrote on Oct 15, 2008 10:05 AM:

" To Kim...If the farmers are truly leasing the land then they do have the right to tell someone to stay off the property.That would be like you leasing an apartment but not being able to tell someone to get out of your home.Now if they are just farming the land for the land owner and are taking a cut of the profits, then yes that would be possibly be correct.But if they pay a flat rate every month for the land and have a lease,saying they have full use of the land,then they can say get off, or give permission. "

AC wrote on Oct 15, 2008 10:01 AM:

" To Me...Thanks for the complement.... I think more people should be technical. You made a statement that was completely false....Also I know a lot of the farmers too. In fact I went to school with a lot of their children (the young farmers you speak of).And you a right,it doesn’t matter as long as they don’t mess up the land.But when they cause ruts on the headlands and keep making them deeper and deeper, and when they do go in the fields, they do care very much. So it is much easier to say Don’t Go without permission. "

Kimbro aka Kim wrote on Oct 15, 2008 8:00 AM:

" I live amongst the sugarcane,on land that has been in my family for at least 150 years.The farmer that leases our land is not old, but he definately wants us to keep people off the land especially those doing donuts in the mud.Unless the farmer is carrying renters insurance that would cover fools getting hurt on my property, he has no right letting someone play on it with something as dangerous as a ATV!With old farm property disappearing into the land of subdivisions, he definately does not want to tick off the land owners by allowing such foolishness. "

G wrote on Oct 14, 2008 8:16 PM:

" A farmer may own some of the land but also he leases it from others. When you lease the land to the farmer he has rights to who can go on the land. I know this because I lease land to a farmer. Secondly you can hug a farmer and get to ride, but stay out of the cane. Thirdly if you don't own a horse, or a pasture stay out the conversation "

Kimbro aka Kim wrote on Oct 14, 2008 1:37 PM:

" Me,please refrain from calling others names as it not allowed on this forum. In actuality most farmers do not own the land that they work.They are actually leasing it.They do not have the right to tell you that you can tresspass on someone else's property.The reason they may not care has nothing to do with age. It is more likely due to the fact that the actual liability would not be their own. "

42 yr old rider wrote on Oct 14, 2008 12:16 PM:

" To all the would be trespassers out there, if you're gonna do it, which is pretty sad if you do, the LEAST you can do is STAY OUT OF THE FIELD. That is their lively hood. It's how they feed their family and pay their bills. And DON"T tear up the headland! NUF SAID. "

42 yr old rider wrote on Oct 14, 2008 12:12 PM:

" Point taken Farmer, I stand corrected. I must have gotten the wrong info. For the record, I am for the farmers, they are a very big part of our heritage here in the South. I can see when someone buys an expensive toy they want to ride it. Most people today have an elevated sense of entitlement and think they can just ride anywhere, well folks....no so. The farmers are right on this issue. Take your toy to Forest Hill, Cravens, the Spillway or lease some land....or hug a farmer and he MIGHT let you ride. haha "

ME wrote on Oct 14, 2008 11:11 AM:

" To AC, u suck and probably tick off alot of ppl for being too technical. The only farmers who actually care are like 100, the new ones really don't, believe me, I know alot of them and they said as long as they don't actually go in the fields and stay on the headlands, they are perfectly fine with it!!! So there ya go!!! "

to all wrote on Oct 13, 2008 8:46 PM:

" Just to let you know the farmers are innocent HA HA. I know of 4 people that the farmers have made the field in the wrong place on home owners and refuse to move, even after these home owners have paid to survey their land. They also have pulled out the survey makers. If the farmers don't know where the boundries are how can the deputies? Way to go law makers it does not say trespassing with a tractor. "

AC wrote on Oct 13, 2008 1:52 PM:

" To Me..... Sorry to say but right of ways are still someone's property. A right of way is permission to a company or person to use your property as defined in the contract. It is still completely the owner's land and he can tell anyone to get off of it except for the people whom have the right of way as well as a few other exceptions such as a warrant from a judge. "

ME wrote on Oct 13, 2008 11:09 AM:

" Yes, I completely understand the farmers not want atv's in their fields but what about headlands? They pretty much belong to no one since they are right of ways. Also, what's the problem with atv's on the road? If proper attire is worn, and the driver is alone and of age with a valid drivers license, there should be no problem. Its harmless fun for kids, they could be out dealing and using but they decide to ride 4-wheelers instead. That's a GOOD thing!!! The cops should be occupying their time in the ghetto where there are REAL problems. "

to all wrote on Oct 12, 2008 11:34 AM:

" Louisiana has an atv registration law. all atv must have this decal and renewed every 2 years to be able to ride them. Farmers do not need this decal or pay to renew it.
Point is pay for your decal but you can not ride them on state parks, or any other place. If you own your land you must still pay for the decal. Unless you are a farmer. "

to 42 year old rider wrote on Oct 11, 2008 6:13 PM:

" Yes, we have expensive equipment. You have the tools necessary to do your job, correct? Why are we chastised for having ours?

And sugar cane farmers do not receive gov't subsidies. We have a gov't fixed price, one that has not changed in 20+ years, regardless of the price hikes of fuel, fertilizer, etc.

Regardless, trespassing is breaking the law. Period.

PS - You're right. It's mostly children too young to ride safely and teenagers.

Thanks for being safe and not suing us. "

jimbo wrote on Oct 9, 2008 9:26 PM:

" it is ridiculous that a trespasser can sue a property owner if injured. also to the anti farmers on this blog, do you want to eat or starve? do you want to eat safe locally grown food or chinese food with lead in it. do away with the atvs. i'll put up with a little mud on my car thank you. "

Kimbro aka Kim wrote on Oct 9, 2008 8:22 PM:

" Have the same problem in Lafayette parish.I've chased many people off the property,yelled that they're trespassing.Always get the same dumb response..."I didn't know it belonged to anyone."I usually reply,"Its property it belongs to someone,& its not you."The annoying part is that if they get hurt on the property,they may turn around & sue me.A long time ago it wouldn't have bothered me but in this sue happy world,I just can't take a chance.People should not buy these expensive toys if they have no property or place to go that is designated for these activities period, & end of story! "

Ted Babineaux wrote on Oct 9, 2008 3:33 PM:

" The problem is a lack of-critical- thinking-skills by many involved in the issue.

The definition of insanity is doing the same thing and expecting different results.

Clouding the issue with red herring arguments is pointless. If you're on property without permission, you're trespassing. This simple fact can be a clue towards self-improvement for many people who wish to further their education.

Successful prosecutions for trespassing widely publicized by the media are a 100% cure for the problem. Pressing local Law Enforcement to enforce existing trespass law would be both efficient & effective. "

42 yr old rider wrote on Oct 9, 2008 12:49 PM:

" Also, I'd bet the worst offenders ar under 30 yrs old. Oh and yes, I try to get permission to pass, usually with no luck due to the liability on the farmer's part which I totally can appreciate. So, I stay off his land. My how times have changed....thanks alot irresponsible 4-wheeler riding punks! "

42 yr old rider wrote on Oct 9, 2008 12:45 PM:

" I casn understand the farmers point. If you get hurt, you are on your won. It should be against the law to sue someone if you're trespassing. Oh and farmers, you may not be rich, but at least you ALL have a 250 or BIGGER sized pick up...not to mention 100K+ tractors, not to mention gov. subs, hello. I never tear up any fields or headlands. If I get hurt on my dirtbike(which I have many times) I don't even think about suing the landowner. I ride at MY OWN risk. I guess some bad apples spoiled it us all. "

G wrote on Oct 8, 2008 8:39 PM:

" yes some people are innocent and some people as myself own some of the cane property that we ride on. and I don't want the deputy patrol on my property.
Every year my family and i go ride in Ark. you ride in the forest, donate money to ride, and people from other states ride there to. People hunt on parish land I guess that is next to go. "

AC wrote on Oct 8, 2008 3:39 PM:

" I think that there should be a task force to deal with this, but at the same time....what are the police going to chase these people with?A lifted truck with mud tires, or will there be 4wheeler patrol going around the parish?And when you get stuck in your truck,and cause 10x more damage than the 4wheeler,then what?....Also,I can forsee a problem.So....Officers,you should presume people innocent until you have a reason to think they are guilty.Therefore, realize that some people do have permission to be on farmland,Dont treat them like criminals until you find out if they are breaking the law "

to G wrote on Oct 8, 2008 1:59 PM:

" I don't think that it is a great "family" activity to teach your children to break the law and disrespect other people's property.

Also, I doubt that the parish wants to take on the liability of an ATV park. Do you really think that the revenue from such a park would cover the costs of insurance? "

G wrote on Oct 7, 2008 7:56 PM:

" Some people who ride are family memebers with their children doing no harm. It just maybe your child that the deputy starts to chase down and the child gets scared and wrecks. I think we need to take a more friendly means to solve this problem. So parish council lets use some parish land and make a riding complex like they do in other states. pay to ride, that would create tax revenue. "

Captain Mike D wrote on Oct 7, 2008 7:41 AM:

" Some of you need to stick to the topic...if you want to complain about farmers and the roads, start your own thread!

Regarding this topic, it's pass time for these irresponsible punks that are trespassing be held accountable. Sheriff Ronnie Theriot needs to take note! "

A reader wrote on Oct 6, 2008 12:07 PM:

" Just stay off other peoples property, unless you have permission. Enough said. "

Master Sparks wrote on Oct 6, 2008 7:13 AM:

" The saying a "Country" Boy can survive, cause they can. They struggle along side their families putting food not just on their table ,but on yours as well. Lead paint? what about tainted milk killing babies. City slickers make good fodder to people living in the real world. The roads are for everyone, slow down and enjoy life. If you see a source of mud on the hyway ,God forbid you end your personal phone call and let State and local law enforce their job of keeping our roads safe. No farmer wants to be responcible for accidents. "

Farmer wrote on Oct 5, 2008 7:47 AM:

" What would happen if the entire country treated farmers like some of you are acting? They would all go out of business.

Do you want to import all of your food? You just THINK China has our country in a squeeze now! Remember the lead in the toys? Imagine not being able to trust your food sources.

Imagine getting your food from countries with no regulations on pesticides. What kinds of chemicals do you want to eat today? "

c hebert wrote on Oct 4, 2008 8:31 AM:

" What about all the damage that is done to our cars when the roads or torn up from the cane tractors? Who is responsible for repairing that? Not the farmer. "

flowerchild wrote on Oct 4, 2008 7:52 AM:

" I am with you...however, make everyone responsible for their own actions! ATVs are distructive, farmers are even more so. We put up with both annoyances. The ATVs tear up the front of our property (we have had to fence three sides)...and the farmers block drainage,tear up and muddy our roads, break our windshields (I have replaced seven in 12 years)..these people are inconsiderate and truly believe we all owe them something.
The only difference I see is that ATV-riders kill themselves..farmers kill innocent people who have to travel the same roads they think they own. "

Farmer wrote on Oct 3, 2008 6:46 PM:

" What makes you think farmers are wealthy? What a funny joke! (You were kidding, right?) "

NoObama wrote on Oct 3, 2008 4:03 PM:

" How about the ATV's go ride on your private property in your front yard. They can make ruts in your flowerbeds and if they get hurt then they can sue you. "

Maybe the ATV rider had destroyed property also wrote on Oct 3, 2008 1:25 PM:

" I agree with the writer, New Iberia. When are the laws going to either passed or enforced where the farmer is responsible for the wrecks they cause because of the mud? What about the other damage to property?

I wish Ackal would have reported on the legality of the tractors riding at night. Isn't this illegal?

I just don't understand how the farmers act like they need all this government assistance but they are the wealthiest right next to doctors and lawyers! They remind me of the welfare and food stamp recipients. "

Nobama wrote on Oct 3, 2008 12:54 PM:

" How about the farmers fix troy road. Its ok for them to destroy our roads with their overloaded trailers, but if a little 4wheeler causes a few ruts in their field they start whining. The damage caused to our roads outweighs a few trespassers anyday. "

pplayas wrote on Oct 3, 2008 11:26 AM:

" Yea it's about time but not for just the innocent just taking a ride NOT destroying the cane fields!!! Many people in grand maris ride their bikes like they are in cars and SPEEDING down the patout road with young children in the neighborhood!! Everyday they are racing on the roads, the roads are BADD enough down there it would just take one time for an accident to happen. But for the people just enjoying a good ride not hurting anyone or damaging property i see nothing wrong with that!!!! "

Try this wrote on Oct 3, 2008 10:45 AM:

" We have obtained permission from a farmer to take my son riding on his headland when it was dry. We didn't tear anything up and appreciated his generosity. If I was a cane farmer I would strategically place a nail-filled piece of lumber or two. Farmers please get our legislature to change the laws. No trespassing should mean just that and if they do get hurt or caught then that would be the trespasser's problem not yours. Agriculture land should be treated different. Stay on Rockefeller Refuge after curfew and see what happens! PS: planting coyotes this year? HaHa
LLTB "

TRAVELING MAN wrote on Oct 3, 2008 10:05 AM:

" I was in Montana this summer. They drive Atv's on the roads. They have license plates. What does this have to do with this subject?

I do not know! "

Brian wrote on Oct 3, 2008 9:06 AM:

" IT is amazing that everyone is for the farmers.What about what the farmers are doing to our roads.When are someone going to make the farmers acountable for the road damage.With the overloaded cane trucks and trackers.I live on Belle Place Olivier Rd.Believe me you will lose your life on that road.When Glen Romero is going to start a task force for better roads.I am not for trespassers,but i thing the farmers can take care of there own problems. "

New Iberia wrote on Oct 3, 2008 8:18 AM:

" Ok, I agree, kids, adults, etc. shouldn't destroy farmers property, but what about farmers destroying our property. Broken windshields, broken garbage cans (to get another one is $60), broken mail boxes and not to mention so much mud on the road that causes many accidents around the Loreauville area. What about the lights on tractors, is it ok not to have any especially when they are traveling in the dark, is this Legal, and so much cane in the trucks most of it is falls on the roads and fly's on peoples vehicles. What can we do? "

Les wrote on Oct 3, 2008 3:57 AM:

" These trespassers who damage the farmers property should have to pay the farmer restitution. If they do $10,000.00 of damage and only have to pay a fine is't wright to the farmer. Get tough on these trespassers, take the ATV or Truck away from them. Hold the teen or parents of juveniles lible for the payment of all damages. "

about time wrote on Oct 2, 2008 9:44 PM:

" Every night we hear a 4 wheeler in the cane field in back of my house, and it doesnt pay to call the cops because they want do anything about it.Someone tried to break into my home with us being there,last year I called the cops,NOTHING was done about,last month it happened again,I didnt brother calling the cops. Why should I!! We're not safe in our own homes anymore. "

St Mary Farmer wrote on Oct 2, 2008 7:04 PM:

" I hope the St Mary Sheriff's Department is paying attention! I would love to have some of the trespassers in our fields caught and prosecuted. When we stop them, they laugh at us. They know that our deputies aren't going to do a thing to them, no matter how many phone calls we make. "

Brady Burke wrote on Oct 2, 2008 6:20 PM:

" thank you for what you are doing to get teenagers off the cane fields..... "

Master Sparks wrote on Oct 2, 2008 4:23 PM:

" It's about time!!!!!When Ive caught them trasspassing on my fields they tell me they have no place to ride them. That tells me the parents should share in the irresponcible actions of their kids. They give their kids ATVs and expect us landowners to give them free rein. Book'em Dano!!!! "

David wrote on Oct 2, 2008 3:06 PM:

" Thank-you. It's about time something is done. Let's go further and stop the ATV's that speed on public roads. I'm afraid if one hits me, the parents would want to sue me. "

Felton Carmouche wrote on Oct 2, 2008 2:56 PM:

" Monday afternoon I was driving down a local highway in New Iberia and there was a teenager with no helmet flying on a 4 wheeler in a cane field. We both approach the Nelson Canal road at the same time and he flew right across the road in front of the vehicle at the stop sign. Ironically the vehicle at the stop sign was a female deputy for the IPSO. She made a right turn and just went along the other way slowly. Simply amazing, I guess she won't be on the task force? "

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Targeting ATV trespassing

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