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Federal Lawsuit Filed Against Trio for Alleged Illegal Fencing on Colorado's San Juan National Forest Land

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Published on November 27, 2024
Federal Lawsuit Filed Against Trio for Alleged Illegal Fencing on Colorado's San Juan National Forest LandSource: Google Street View

Colorado's open spaces and public lands define much of the state's identity, renowned for their sprawling vistas and possibilities for outdoor adventure. Yet, a recent clash over such lands near Mancos came to light, prompting federal legal action. According to the U.S. Department of Justice, a lawsuit has been filed accusing Patrick Pipkin, Brian Hammon, and a collection of unnamed individuals of illegally erecting fencing on federally-owned property managed by the U.S. Department of Agriculture’s Forest Service.

The lawsuit filed in the federal district court for the District of Colorado stems from an October 2024 incident where the accused allegedly built miles of barrier, infringing upon San Juan National Forest's open access. Acting swiftly that was intended to prevent any more unlawful enclosures, numerous residents dismantled most of the fencing, but remnants, including strands of barbed wire, still mar the landscape. Matt Kirsch, Acting United States Attorney for the District of Colorado, said in a statement, "Public lands belong to all of us, not to any individual person or group. It is unlawful to construct fences on Forest Service lands without the Forest Service’s permission," as obtained by U.S. Department of Justice, signaling firm opposition to any attempt that might limit the public's right to enjoy their shared natural heritage.

Further complicating the issue, Mr. Pipkin has allegedly issued public notices in Mancos under the "Free Land Holder Committee," claiming authority over these lands and requiring public action to safeguard supposed rights. This direct challenge to federal oversight and community usage of public lands has heightened tensions in the local area, prompting earnest discussion about land rights and federal authority.

The Department of Justice's lawsuit is not only about tearing down physical barriers but also addresses the unsettling aspect of intimidation it brings, as it seeks to halt the obstruction or intimidation of legal users of this cherished area and repair any damage to both the land and public trust. The complaint leverages claims under the Unlawful Inclosures Act of 1885 and for civil trespass, underscoring a decisive action to maintain open and lawful access. In the pursuit of justice, the United States would need to prove its allegations by a preponderance of the evidence, as stated in the lawsuit. Meanwhile, Assistant U.S. Attorneys Jennifer Lake and Bill Scarpato are managing the case, ensuring the matter is addressed with due diligence and respect for the laws that protect our nation's shared spaces.