Prohibited Operation of a Motor Vehicle on Private Property Question?

Question

I was cited for operating a motor vehicle on private property the other day and I was wondering about the following: I was on a utility road that gives access to those really tall powerline towers and had no reason to suspect that the land was privately owned. There aren't any houses on it, and there were no signs posted declaring the property to be private, save for signs that warn against climbing the towers themselves. I'm in the state of Ohio, and I was wondering if I have any ground to contest the citation, after seeing no signs to indicate I was breaking an ordinance. The fine, if any, will be small and I just have to go to mayor's court at night in a small town, so it really isn't to much of a hassle, but I was still curious.

Thanks for any answers to my question.

Answer 1

sorry, but there is no law requiring land owners to designate the boundaries of the land they own are clearly marke.d

Unless its owned by the state and it publicly states that it can be used by the public (public right to access) then you must assume 100% of the time that hte land is privately owned.

You dont have a case as you were trespassing.

Answer 2

That's interesting. In Louisiana here. It is not necessary to Post property.

BUT: The Land you were on. Is owned by the Power Company in which the towers are placed. So, legally you were trespassing. Usually the Power companies do not mind. They maybe having issues with people shooting out the Glass/cermanic isolators used in High Voltage power lines. Those items are very expensive to replace. somewhere in the neighborhood of 500 bucks a piece. So, the power company may have called the police.

Answer 3

Sounds like the land owner called and complained about four wheelers coming in and tearing up his land. Just so happened your were the one that got caught. You are paying for the ones who tore up the land and got the police involved. In most states even if it is not fenced or marked you still have to secure the land owner's permission to be on the land. Reason for that is the liability laws if you get hurt. Without his permission you are trespassing so can't file a damage claim.

Answer 4

Simple - SOMEBODY has to own that piece of property, you should have assumed that, and the owners don't have to stake a sign on it that they own it. Nor should you assume that if you see power lines / poles / towers , that it's public domain. The Power company usually has a "right to easment" that they secured with the property owner so they can use it - THAT'S probably where you got hung up.

Answer 5

I think you have a case,the land has to be posted.