County says no camping on your own land !!

[SPIKER]

They will say the 4th only protects you from unreasonable searches.

Bruce

NOTE ALL searches are "UNREASONABLE" without a warrant. There are exceptions such as Pat Downs (after you are arrested) or at a Border Crossing (the fact you are coming across the border is consent to search you) if you do not then you are not aloud in. Same with entering Government Property (aka a court house/Military Base) to enter you can be searched. I think there is one other case where you can be searched as a "Person" but I'm lost for my memory... Searching PROPERTY not being driven across a BORDER is pretty much REQUIRED to use a search warrant (not saying or freedom disparaging government agencies will not ignore this fact tho.) It is up to INDIVIDUALS to assert their RIGHTS dont expect some jack booted thug to not try everything to get you to LET HIM search you or your property! ASSERT your 4th amendment rights right, when they ASK to come in ask for a warrant (if they can't produce one tell them NO!) When you LET THEM IN then they are free to look in open areas for violations.

If they are not let into your car, property or home then they can't see any violations...

Mark

 

[dmccarty]

For some of you you need to learn the Bill of Rights, (the first 10 amendments) particularly #4 in this case

4th Amendment reads next run on sentence.
...

So for them to come onto the OPs property they HAVE TO HAVE A WARRANT with SPECIFICS of what is to be searched or seized and what crimes they believe to have been broken are what is needed "need Probable Cause and Oath or Affirmations"

I would post a BIG SIGN with the 4th amendment on it and NO TRESPASSING probably some law says you can only have certain size sign placed out of specific materials etc... That is what you get when you ELECT mostly all LAWYERS into office.

...
Mark

In NC, there are search warrants served by LEO and then are administrative search warrants that can be served by government regulation enforcement officers. I would think that most, if not all states, have similar law. NC does have a quirk regarding LEO served search warrants in that it appears that NON LEOs can apply for the warrant even though a LEO still has to serve the search warrant. Kinda odd.

I was looking the NC statutes regarding administrative search warrants because of an ordinance the county is debating. The legal reality is that the county can come on my land to check for code violations including entering my house. They would have to be able show probable cause to a judicial official to get the administrative search warrant. In the ordinance that is being debated, PC might be difficult in some cases, but in others, the issue would be in plane view. On the other hand, the county does use aerial photography of all land in the county. If I build a structure outside of the regulations, the county almost certainly will see the structure at some point.

If I am supposed to pay property taxes on said structure, they will be after me. Our house is at the end of a private road that is gated by us. Our house cannot be seen from the road much less the gate. One day, I was working from home and the wifey had gone to run some errands and left the gate open. A strange car drove up the driveway and to the BACK of my house. This happens more often than it should. Turns out it was the Tax Man and Tax Woman. Now, I could have had fit over them trespassing but they could already see what they wanted to see. I am sure they saw what we call the barn on the aerial photos and that is what they came to see. Instead of having a fit, we had a nice little chat. They were interested in the barn, and from the aerial photo, it might look like a taxable structure, but it is not, as they could plainly see. The barn is two shed "structures" sitting next to the cube off a moving truck. The cube is 24'x8' and makes good water tight, and sorta, secure storage. Looks like scat but it was supposed to be a short term solution that has latest far longer than I would like. I could have told them to scat off my land and they just would have gone and gotten a search warrant. They certainly had PC. They would have come back pissed off and they would have gone looking for whatever they could find. In stead, they looked at my Fred Sanford look alike barn and left. :thumbsup:

I can think of some scenarios where animal control could get a search warrant for one's land and even one's house. Accessing the house would be difficult under our current regulations thank fully.

While government needs a search warrant, in some cases, it is not hard to get PC.

Later,
Dan

 

[buckeyefarmer]

I think it's a terrible infringement on Life, Liberty and the pursuit of happiness to not allow someone to camp on land they own.

 

[irwin]

This thread has morphed from the sane question."Why can't I camp on my own property" to the bitter abuse of the neighborhood by a few unorganized messy homeowners/landowners, all the way to loss of property values, and the loss of even more personal freedoms.

I've been looking at moving away from my expensive ct property taxes.. hoping to retire without losing my savings to the high cost of living here. Thanks to bing and google maps we can check out aerial views of a neighborhood like never before.. A few places look great, nice home, barn, enough land..few regulations.. but when looking over the area, three houses down is a mess of old cars and everything else, (including a few kitchen sinks) aprrox 5 acres chuck full of old trailers and assorted debris.. not what I want two homes down from me. This perfect place drops way down on my list of possible new places. A possible sale is fading away thanks to messy neighbors.

Yes, I want my freedoms, the price of this freedom has unwanted consequences. I'll be very careful choosing my new home with enough land to buffer me from possible next door (or nearly next door) nightmares.

 

[SPIKER]

I remembered the other case where they can search without a warrant, the 04 Patriot Act lets LEO (NSA wiretap and search without a warrant where cause could be referenced. They also to get more in depth have to go thru the FISA (spelling>?) court for a near unlimited warrant look anywhere for anything at any time... real bunch of Freedom Trampling in that one...

There are only certain kinds of judges that can sign (make it official) the warrant that is. A Mayor for instance in mayors court can not sign one (though that may be different in other states.) If memory serves me (which is real doubtful anymore) they have to be Elected and or Article 9 type judge-ships.

Mark

 

[westcliffe01]

The neighbor with the junk might just be someone who is too old and sick to maintain the property and who refuses to move to town. I have seen many many such cases. Plenty more of them (numerically) if you do in fact move into town.... The point is that the neighborhood is not going to collapse if someone pitches a tent somewhere on the 25/40/100 acres. Or if a hunter were to sleep in the back of his truck for the night so as to enter a property quietly before dawn the next morning. Lets talk about the hunting blinds that are strewn around everywhere there are deer.... I could sleep pretty comfortably in mine, but that should be banned too I suppose since it is still camping... Next thing all the hay bales are going to be ordered in under a roof and no piece of farm equipment will be allowed to remain outside a building immobile or in any way "dismantled" for more than 24 hours without incurring a fine (how the ordinance is written in my township for all vehicles). The fact that I pay $4000 tax a year on my little 0.3 acre lot and 1300 sq ft floor plan home somehow only seems to entitle others to make my life more difficult and annoying.

 

[Larry Caldwell]

You have no expectation of privacy with anything that is visible from a public right of way or adjoining property.

You have no expectation of privacy on a driveway or pathway to the main entry to your house.

A "No Trespassing" sign does not stop anyone from walking up and knocking on your door.

An administrative warrant does not require probable cause, all it requires is for the inspector to swear that he presented his credentials, requested access for an inspection and was denied. The best you can do is set a time and date for the inspection that will allow you to get your illegal stuff wrapped up and out of sight.

 

[sjerden]

What a bunch of BS. Glad I live where I live. No county ordinances. You can build as close to the road as you like. County board just tried to enact some "rules" created by the head nurse at the health department. About everyone in the county showed up and were up in arms over it. The board tabled it and said it will never come up again. After reading all these nightmares from socialist Amerika, thank God. Keep your nose out of my business. There are things much, much more important than property values. Freedom for one thing. If you are living on a real farm its the land that's valuable, not how pretty your next door neighbor's place is. Go back to the city where you belong.

That's not junk, its vintage antiques

 

[SoGeorgia]

What a bunch of BS. Glad I live where I live. No county ordinances. You can build as close to the road as you like. County board just tried to enact some "rules" created by the head nurse at the health department. About everyone in the county showed up and were up in arms over it. The board tabled it and said it will never come up again. After reading all these nightmares from socialist Amerika, thank God. Keep your nose out of my business. There are things much, much more important than property values. Freedom for one thing. If you are living on a real farm its the land that's valuable, not how pretty your next door neighbor's place is. Go back to the city where you belong.
<img src="http://www.tractorbynet.com/forums/attachment.php?attachmentid=336288"/>
That's not junk, its vintage antiques

Excellent post! You don't even live here and you understand how ridiculous this is. Everybody wants to be in everyone else's business and tell them what they can and can't do because of their precious property value. I have 32 pristine acres and no junk on it but I don't give a flying rip if my neighbor has junk on their property. You do what you want on your place and I'll do what I want on mine. If my property value goes down, that's less taxes I have to pay anyway.

 

[SoGeorgia]

What a bunch of BS. Glad I live where I live. No county ordinances. You can build as close to the road as you like. County board just tried to enact some "rules" created by the head nurse at the health department. About everyone in the county showed up and were up in arms over it. The board tabled it and said it will never come up again. After reading all these nightmares from socialist Amerika, thank God. Keep your nose out of my business. There are things much, much more important than property values. Freedom for one thing. If you are living on a real farm its the land that's valuable, not how pretty your next door neighbor's place is. Go back to the city where you belong.
<img src="http://www.tractorbynet.com/forums/attachment.php?attachmentid=336288"/>
That's not junk, its vintage antiques

Excellent post! You don't even live here and you understand how ridiculous this is. Everybody wants to be in everyone else's business and tell them what they can and can't do because of their precious property value. I have 32 pristine acres and no junk on it but I don't give a flying rip if my neighbor has junk on their property. You do what you want on your place and I'll do what I want on mine. If my property value goes down, that's less taxes I have to pay anyway.