Private property (mine and neighbors)

[Venus Pax]

If you want to have fun with the police, remember that the fish are privately owned. Taking them without permission is theft. You have to put a value on each fish, base on the costs of buying and raising them. The local police should be more interested when you tell them you want to charge them with theft. A lot of cops think (incorrectly IMO) that criminal trespass is a "victimless" crime or civil matter (basically they left when I told them too so they are not real criminals). But when you point out that they are stealing the fish, the cops can write citations if it is under $50 or book for over that. And three convictions for theft makes it a felony.

That never occurred to me. Thanks. I’ll bring that up with my neighbors.
I’m wondering if we do that a few times, if word gets around.

[Venus Pax]

I never have considered contacting the game warden about this. That might be a better idea.

[srothstein]

If you want to have fun with the police, remember that the fish are privately owned. Taking them without permission is theft. You have to put a value on each fish, base on the costs of buying and raising them. The local police should be more interested when you tell them you want to charge them with theft. A lot of cops think (incorrectly IMO) that criminal trespass is a "victimless" crime or civil matter (basically they left when I told them too so they are not real criminals). But when you point out that they are stealing the fish, the cops can write citations if it is under $50 or book for over that. And three convictions for theft makes it a felony.

That never occurred to me. Thanks. I’ll bring that up with my neighbors.
I’m wondering if we do that a few times, if word gets around.

I meant to add in one other oddity in our law. If you catch them with the fish, you have the legal authority to arrest them yourself. Article 18.16 says that any person may take a suspect and the stolen property to a magistrate or to a peace officer for him to take to the magistrate. The key is that you can only detain or arrest them IF they are in possession of the stolen property. Again, I am thinking that using this might help you get the attention you want from the local police. Be very careful about arresting anyone who does not cooperate. Calling the police and saying you have a person in custody for theft is bound to get some action from them.

[Keith B]

I meant to add in one other oddity in our law. If you catch them with the fish, you have the legal authority to arrest them yourself. Article 18.16 says that any person may take a suspect and the stolen property to a magistrate or to a peace officer for him to take to the magistrate. The key is that you can only detain or arrest them IF they are in possession of the stolen property. Again, I am thinking that using this might help you get the attention you want from the local police. Be very careful about arresting anyone who does not cooperate. Calling the police and saying you have a person in custody for theft is bound to get some action from them.

Steve,

I’m causing thread drift, but your citing the law reminded me of this story:

A man was stopped by a game-warden with two buckets of fish leaving a lake well known for its fishing.

The game warden asked the man, “Do you have a license to catch those fish?”

The man replied to the game warden, “No, sir. These are my pet fish.”

“Pet fish?!” the warden replied.

“Yes, sir. Every night I take these here fish down to the lake and let them swim around for a while. I whistle and they jump back into their buckets, and I take em home.”

“That’s a bunch of crap! Fish can’t do that!” replied the warden in disbelief.

The man looked at the game warden for a moment and then said, “Here, I’ll show you. It really works.”

“O.K. I’ve GOT to see this!” The game warden was curious.

The man poured the fish into the lake and stood and waited…

After several minutes, the game warden turned to the man and said, “Well?”

“Well, what?” the man responded.

“When are you going to call them back?” the game warden prompted.

“Call who back?” the man asked.

“The FISH,” the warden said sternly.

“What fish?” the man asked.

[Archery1]

I've started a Facebook neighborhood group for neighbors to better communicate. Many are in the age 70+ category (some are in the 80s and 90s), and not all of them are comfortable with technology.

We started one a few years ago. It's a very valuable way for neighbors to stay in touch and warn each other of what's going on in the neighborhood. We're mixed from old to young families, about 100 homes on acreage, and can't say that many use the facebook page, maybe 10% - about as many as will find at an HOA meeting. The rest, keep to themselves but enough participate to know the current happenings. Currently, our FB page is heavy on this same subject due to so many people coming out that normally don't. All in all, it really gets down to a few active people keeping the place and peace for a majority, like most things in life.

[ELB]

Specifically,

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 18. SEARCH WARRANTS

Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

https://statutes.capitol.texas.gov/Docs ... /CR.18.htm

[Archery1]

If you make it a gated community, the roads, street lights and sewer system now has to be maintained by the community. No more county funds for maintenance.

And, every person along that road will have to agree and every deed will have to be redone and refiled as to easements from county/city to HOA. If one owner says no, then no deal. When you take that plus the above maintenance costs you mention, gates are out of the question as an after the fact solution - if they really solve much in the long run, anyway.

[Grayling813]

Maybe another sign next to the "No Trespassing" sign. Customized of course for your specific location.

[KLB]

I agree with those advising to call the game warden. Self help could quickly get out of hand, depending on how big a jerk the trespasser is. So don't do that except in defense of human life.

[howdy]

I own some property (about 100 acres) in Burleson County that has a small lake on it. The lake is completely surrounded by the land and the land is fenced. I have stocked the lake and maintain the weeds. The local teenagers think it is ok to crawl through the fence and go fishing there. I have cameras that show them on the property. Sometimes they are armed. I don't go up there very often so the chances of meeting up with them is slim but I have come face to face with them once as they were walking out. It was a very tense few seconds and I informed them I will call the game warden and give him their pictures. They didn't seen phased at all by my demands. Arrogant cusses.

[Venus Pax]

I own some property (about 100 acres) in Burleson County that has a small lake on it. The lake is completely surrounded by the land and the land is fenced. I have stocked the lake and maintain the weeds. The local teenagers think it is ok to crawl through the fence and go fishing there. I have cameras that show them on the property. Sometimes they are armed. I don't go up there very often so the chances of meeting up with them is slim but I have come face to face with them once as they were walking out. It was a very tense few seconds and I informed them I will call the game warden and give him their pictures. They didn't seen phased at all by my demands. Arrogant cusses.

That’s another issue. Many teens have have no respect/fear of game wardens or anyone else.

Although our individual lots are small and fenced, it would cost us a great deal to fence off the entire lake, only to have wayward youths cutting the fence.

In your situation, have you notified the game warden?