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jrcolo

Attorney advice needed!!

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I had a chop today, the main landed on " farmer mcnasty's" property. I knocked on his door and he basically told me to fuck off. I called the sheriff's office and according to them im screwed. This guy IS a true asshole and EVERYONE in the area knows it. If anyone can help please PM me. Thanks.

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the sherrif may be his buddy, I would research the law. a sherrif is voted in by the local community there are they not?

yoi property is your property, and his is his. If you were skydiving legally I am sure ther is a provision for you. justy hope it is not left out oin the sun!
"When the power of love overcomes the love of power, then the world will see peace." - 'Jimi' Hendrix

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You don't have the right to trespass on his land if he refuses to let you; but in most states he really doesn't have the right to simply keep or destroy the canopy. If the canopy is on his land, and he refuses to let you come on to his land to retrieve it, he should return it to you w/o delay and w/o further damage to it. Since the local police are being gutless, your only option is to file an action against the farmer with the local court. For anything more specific, you really should consult a local lawyer who's licensed to practice in your state.

Resist the urge to "act out" against this guy for being a prick, except within the law. Your anger + the value of the canopy are really not worth the cost of a boatload of real trouble.

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I would call the sheriff again and demand some action. The law does not state that he can keep your shit, regardless of how it ended up on his property.

The 'finder' of anything has to make a reasonable attempt to return found property to its rightful owner in most states, before you can claim it as 'yours to keep'

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File a police report under California code PC485. Missapropriation of lost property.



Of course, if/when he gets it back, it may be difficult to establish when all that damage happened, if you get my drift.

It is easy to see how this would turn our poorly, and difficult to see how it would turn out well.

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There is a dropzone that was finally able to come to an agreement with the local Farmer McNasty. Prior to searching for gear, manifest first called Farmer to inform him that cutaway landed on his property. Offending jumper brought 2 cases of beer as bail payment to get chopped canopy off of Farmer's land.

Remarkable what a little pre-negotiation was able to do to come to an understanding.
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I wish that were the case here. I would even go as far as buying my stuff back. But what Ive learned so far is that this guy has absolutely no negotiation skills at all. Im talking to an attorney on monday morning to see what my options are. Thanks for all the PM's and replies!

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Good luck man--it really sux that there are assholes out there like that. As much as it sux, have you tried to offer him a reward for it? Does this dude have civil family members that could get it for you? Even try showing up with a gift (beer). If not--my best wishes on getting your main back. What happens when someone has to do an alternate landing on his place? Is he gonna hold them hostage?

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Unfortunately, most Farmer McNastys became one because skydivers went onto their property w/o permission. Often damaging crops, fences or just being inconsiderate when landing off/looking for gear. I think we would want the next door neighbor kid to ask before looking for his wayward baseball that came over the fence, we should do the same. With a little PR and just being neighborly ourselves, most neighbors will understand living next to a dropzone will have a special feel to it. It just takes one f*cking idiot to turn neighbor to McNasty.

I have heard of a few DZs that invite all their neighbors for a BBQ every once in a while to show them that we are normal, just enjoy falling out of planes. They share food, beer and NSTIWTIWGD stories. The neighbors get a different idea of who their jumping neighbors are.

Just make sure they leave before the stupid skydiver tricks start.
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Im talking to an attorney on monday morning to see what my options are.



I'm fuzzy on the details, but I think the FAA would protect you against a tresspassing charge if you land on private property. It's got something to do with an 'emergency' situation, and if that's where you have to land, then that's where you have to land. Of course, you could call any off landing an 'emergency' because you couldn't make it back to the DZ, but I do think the feds protect you from the local charge.

How this is related to your canopy, I'm not sure. There's always the idea that you could try to follow your stuff down, and land with it and collect it at that time, but then you run into two problems. The first is that you don't always land after your cutaway canopy, and the other is that I don't think your DZO takes too kindly to off landings (that might be limited to wingsuiters).

Anyway, maybe do some research into the FAA regs, and see if you can dig anythying up. I don't know if it would apply to your equipment as well, but a cutaway is certainly an emergency, so there might be a federal law on your side with regards to the return of your property.

Of course, there is also a local law, but it seems the sheriff is unwilling to help you out.

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Im talking to an attorney on monday morning to see what my options are.



I'm fuzzy on the details, but I think the FAA would protect you against a tresspassing charge if you land on private property. It's got something to do with an 'emergency' situation, and if that's where you have to land, then that's where you have to land. Of course, you could call any off landing an 'emergency' because you couldn't make it back to the DZ, but I do think the feds protect you from the local charge.

How this is related to your canopy, I'm not sure. There's always the idea that you could try to follow your stuff down, and land with it and collect it at that time, but then you run into two problems. The first is that you don't always land after your cutaway canopy, and the other is that I don't think your DZO takes too kindly to off landings (that might be limited to wingsuiters).

Anyway, maybe do some research into the FAA regs, and see if you can dig anythying up. I don't know if it would apply to your equipment as well, but a cutaway is certainly an emergency, so there might be a federal law on your side with regards to the return of your property.

Of course, there is also a local law, but it seems the sheriff is unwilling to help you out.

I thought about following it down but my reserve is loaded a little higher than most so staying with it would have been a problem. Plus where it was headed was near a ton of trees and picking/knowing where to land would have been sketchy so opted to land at the DZ.

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Your main landing on his property is not trespassing, and I'm pretty sure there's state law which says he's not entitled to keep property that doesn't rightfully belong to him (this is similar to finding bag of cash -- the law is not "finders - keepers" - at least not in Pennsylvania - you have to make a reasonable effort to find the owner and return the property).

I'd suggest offering the farmer what you would have paid the lawyer to get your property back. Be nice, and tell him that you can pay him or you can pay your lawyer. Either way, you're getting your money back.

P.S., landing on his property is trespassing. The emergency nature might protect you from a defiant trespass charge, but landing on another's property without their consent is simple trespass. There's nothing the FAA can do; it's a matter of state law.


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Do you know for a fact the farmer picked it up?

Whats stopping you (i dont know might be risky) from getting your stuff at night if hes being a dick about it?

That sucks, let us know how it turns out.

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Do you know for a fact the farmer picked it up?

Whats stopping you (i dont know might be risky) from getting your stuff at night if hes being a dick about it?

That sucks, let us know how it turns out.



Please read the above posts. It's usually stuff like that that turns them into "farmer mcnasty" in the first place. People will cut locks, leave open gates, and ruin crops trying to get their stuff back. Generally that makes them less willing to help other skydivers in the future.

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Do you know for a fact the farmer picked it up?

Whats stopping you (i dont know might be risky) from getting your stuff at night if hes being a dick about it?

That sucks, let us know how it turns out.



Please read the above posts. It's usually stuff like that that turns them into "farmer mcnasty" in the first place. People will cut locks, leave open gates, and ruin crops trying to get their stuff back. Generally that makes them less willing to help other skydivers in the future.



i dont know the specifics thats why I was asking.

Where I live, the farms are nothing but open corn fields with maybe a small picket like fence. I could easily enter the field without breaking anything or anybody knowing I was there.

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Do you know for a fact the farmer picked it up?

Whats stopping you (i dont know might be risky) from getting your stuff at night if hes being a dick about it?

That sucks, let us know how it turns out.



Please read the above posts. It's usually stuff like that that turns them into "farmer mcnasty" in the first place. People will cut locks, leave open gates, and ruin crops trying to get their stuff back. Generally that makes them less willing to help other skydivers in the future.



i dont know the specifics thats why I was asking.

Where I live, the farms are nothing but open corn fields with maybe a small picket like fence. I could easily enter the field without breaking anything or anybody knowing I was there.



We don't have farms near my DZ, but we have gated fields. I know a lot of people in the past have just gone & cut locks w/o even asking first. Now we can get in trouble for just landing on their property even though none of those people are even at our DZ anymore. Thankfully the cops are usually on our side, but still its a pain to deal with them. It's better to ask first and try to be nice.

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