Determine that you may have a problem with trespassors or trespassing
Post the land conspicuously in all approach routes, boundry corners,
and main boundry lines of the perimeter of the land; "NO TRESPASSING!
TRESPASSORS WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW!" Include
on the signs the "NO IMMUNITY FOR CRIMINAL TRESPASS BY GOVERNMENT
PARTIES" notice.
Also include on the signs "RENTAL FEE FOR EACH DAYS LAND USE OR PART DAYS
LAND USE. FIVE THOUSAND DOLLARS ($5000.00) PER DAY OR PART OF DAY TO BE
PAID IN GOLD."
Go look up in Michigan Compiled Law 750.546 to 750.552(a), or Michigan
Statutes Annotated 28.814 to 28.820(2), which deals with CRIMINAL
TRESPASS or WILLFUL CRIMINAL TRESAPSS.
When a Trespass occors
Determine which portion of the law applies to your individual case of
trespass.
Give the Trespassor "CONSTRUCTIVE NOTICE NOT TO TRESPASS". Make sure
you tell the offending trespassor you are filing a complaint and he
will be going to court and paying the damage for the trespass. You can
mail this notice, but it is better to in person tell the trespassor not
to trespass and not to return to your property. There is no excuse if
they return claiming "I didn't know it was posted land".
Call the Sheriff or local Police and file a written complaint for
criminal trespass and make sure you take notes. Get the officer or
officers names & I.D. badge numbers. If you have any witnesses, have
them sign written statements and get the statements witnessed or
acknowleged so they can be addmitted into evvidence in court. Take good
pictures or video the event or events if possible. Tape record the Police
interview when the Sheriff comes out to get the report.
Contact your local Prosecutor and go see him about making a CRIMINAL
COMPLAINT FOR CRIMINAL TRESPASS. Take pictures of your "NO TRESPASSING"
signs on the approach to your property. Show the Prosecutor and give a
written COMPLAINT, add to that the Police Report, Yours and the Sheriff's,
so the prosecutor knows that you are dead serious.
Go to court and prosecute the trespassor!!!!! NO MERCY!!!!! HE DID
IT, NOW PAY THE FEE FOR THE TRESPASS!!!! After you get judgement,
if necessary, lien the offending parties property to satisfy payment
of the fee.
Eventually you will get your FEE, but one thing is for sure, they will
not be back for seconds on the trespass. If they do, bill them and
charge them again. Go through the whole thing again if that is what
it takes.
This issue has made it to court. It was dismissed
and appealed.
Here's what the
Michigan Court of Appeals
had to say about it
