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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Our hunting party recently was accosted by a farmer for

Customer Question

Our hunting party recently was accosted by a farmer for trespassing on his property.
My question is this. Isn't the following extortion?
After he confronted us he stated that we had two options. One he leased rights for $500 per person per day and we could pay that or two, he would call the Warden and stated at minimum we could be fined and more likely could then lose our hunting rights or worse. anorpossibly worse.
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state did this occur in, please?

2) What ended up happening? Did you pay, or, did you leave without paying, or, was the Warden called? If so, was anyone ticketed?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
North Dakota. We left the farmer on good terms and it appeared that he understood that it was an honest mistake. We then were contacted a few hours later by the Warden who stated that the farm signed an affidavid of trespassing.
Customer: replied 9 months ago.
No we did not pay a gun fee.
Expert:  Ely replied 9 months ago.

Thank you.

See HERE. ND does not have a strong extortion law. In fact it has been combined with other "theft" statutes. And given that in the end, nothing was paid, and someone in your situation was trespassing, I doubt that the authorities would prosecute the landowner, given the mitigating circumstances.

So while this may have been extortion, I do not believe that the authorities will act on it. You are free to make a complaint about this of course. Who knows, the authorities may look into it. Especially if he's been on their radar for something else.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!