Protecting Your Farm Property
In March, North Dakota became the fourteenth state to become a “constitutional carry” state with Governor Doug Burgum’s signing of legislation that allows the carrying of a hidden firearm without a permit. Law abiding adults age 18 and over will no longer be subject to background checks and classes, effective August 1, 2017.
Separately, North Dakota’s legislative session, which concluded in April, considered a bill, SB 2225, otherwise known as the “trespass bill”, that would require that sportsmen request permission to access private land, regardless of whether it was posted as such. Under existing law, trappers and hunters are allowed to access private land unless it is posted otherwise. The bill did not pass but will undoubtedly be a subject of debate when the legislature reconvenes.
These two issues raise questions regarding the right to defend oneself and one’s property, and the use deadly force. What methods can a property owner legally use to defend their farm or private land?
Farm property is particularly vulnerable
Farmers with large tracts of land face unique challenges in trying to protect their farm and property from vandalism or theft. Because farming equipment is frequently left out in the open field, it is particularly difficult to protect. Loss of farming equipment — or the use of that equipment due to tampering — is not only costly due to the expense of replacement or repair; it also brings financial loss due to the inability to perform farming activities.
Is defending my property considered “self-defense”?
No. Self-defense is based on the reasonable belief that the individual is in danger of bodily harm or death. The law states that an individual can use a “reasonable amount” of force to protect oneself or others. But what is considered “reasonable” harm? And what is considered a “reasonable amount of force”? The answers to those questions depend upon the situation.
What methods can I use to defend my farm or property?
A property owner can legally use “reasonable force” to protect one’s property. As in cases of self-defense, the determination must be made as to what level of force is reasonably necessary based upon the circumstances. However, it is almost never considered acceptable to use deadly force in protecting a farm or property.
Right to defend can be complex
Situations involving defending one’s farm or property can be complicated. Consult with an experienced attorney that understands your right to defend your property as well as the laws governing your actions. For more than 45 years, Larson Law in Minot, North Dakota, has aggressively fought to protect the rights of North Dakota families. Certified Civil Trial Specialist Mark Larson is a compassionate advocate for his clients, working personally with them every step of the way. To arrange a free consultation, contact our office at 701-484-4878 or online. Our dedicated staff is available to meet in our convenient Minot office, at the hospital, or your home.