Off-roaders who trespass will face bigger fines

James Hannah

Morrow County farmer Eddie Lou Meimer is hoping a new Ohio law that toughens penalties for people who drive off-road vehicles on farms without permission will prevent more damage to her crops and ease her worries about being sued in case of an accident.

Meimer, who owns a farm just south of Mount Gilead, said Thursday she has been victimized by off-roaders. They smash her crops and pose a threat to her maple-syrup operation, she said, and they've knocked over her neighbor's electric fence, allowing cows to run loose.

"They come in on the back and ride through any crops that are there," she said. "Catching them is nearly impossible. If you see them in the distance, they're gone by the time you get there."

Under language in a transportation bill signed into law by Gov. Ted Strickland this month, fines would be doubled for people who enter private property in an off-road vehicle without the property owner's permission.

Under current law, criminal trespass is punishable by up to 30 days in jail and a fine of up to $250. The new law would require courts to impose a fine of twice the usual amount for criminal trespass that involves an off-road vehicle.

The court could also impound the vehicle for at least two months following a third conviction.

Meimer grows corn, soybeans and wheat on her 300-acre family farm, which was established in the late 1800s. She said off-roaders trespass on her farm several times a year and have been doing so for years.

The property is bordered by a state highway and a dump, which gives off-roaders easy access. The farm has trails through the crop fields and woods, where Meimer has established the maple-syrup operation, a network of tubes and taps.

Off-roaders have damaged Meimer's corn when it was in its early stages.

"And if they come into a wheat field this time of year, they're going to lay it flat and it will be impossible to pick up," she said. "And if you get out in a wheat field with a hot muffler, you could set the wheat field on fire real fast."

Meimer also fears that she or her fellow farmers could be sued if an off-roader is injured on their property. She said riders could fall into sinkholes or be knocked from their vehicles by chains that secure gates.

"We're all kind of fearful of that happening," she said. "There is danger for them. We worry about liability."

Meimer hopes the new law provides more deterrence.

Beth Vanderkooi, director of state policy for the Ohio Farm Bureau Federation, said the law will help reduce off-road trespassing and the amount of crop and field damage it causes.

Jason Grossnickle, a member of Cincinnati Off-Road Enthusiasts, off-roads in a Jeep in areas where off-roading is permitted. Grossnickle believes that off-roaders who trespass on farms and destroy property are in the minority.

"We're out there for a good time, and we want to respect any land we get to off-road on because it is diminishing," he said.

Meimer said people are increasingly moving from the cities and suburbs into the rural area near her farm. She believes some of the off-road traffic stems from that and feels violated by trespassers.

"We don't want people on the property without permission, period," she said. "They don't seem to understand the concept that this is not free-roaming land. It's the same as someone coming in and rummaging through their house. Even though they don't take anything, they are in my territory."

Source: http://www.dispatch.com/live/content/local_news/stories/2009/07/12/z-apoh_offroadersfarmers_071.ART_ART_07-12-09_B3_9NEEUPH.html?type=rss&cat=&sid=101

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