Men Who Try to Allegedly Steal Federal Land Busted
The federal government alleges Patrick Pipkin and Brian Hammon have illegally restricted access to publicly owned lands near Mancos, Colo.
The Hallar Deed Area is protected National Forest System (NFS) land maintained and managed by the U.S. according to the Property Clause under the Constitution, as detailed in the complaint. The land was deeded to the U.S. by a warranty deed in 1927 by grantor Fred C.Hallar, a successful politician in the area.
Public Recreationally Uses Land
The public recreationally uses the land, and the Property Clause places regulations on the land that prohibit the construction of fences without a “special-use” authorization or an approved operating plan, according to the complaint. The regulations of the Property Clause also prohibit inconveniencing people by blocking or restricting roads, trails or gates. Like any landowner, the U.S. has the right to protect the land from trespassers.
Pipkin co-owns the Blue Mountain Ranch, which is adjacent to the Hallar Deed Area, according to the complaint. Pipkin claims to be the “Ambassador” of a group called the “Free Land Holder Committee” and reportedly believes he has the authority to decide who can use the public land.
Miles of Fence and Barbed Wire
Starting on Oct. 5, Pipkin, Hammon and the other defendants allegedly blocked passage to a large portion of the area with miles of fence post and barbed wire, according to the complaint. Forest Service Law Enforcement Officer Michael Bugosh responded to reports about the fence and showed Pipkin and the other defendants a map of the lands to prove U.S. ownership.
Pipkin, the group leader, reportedly claimed that the land was the property of the “Republic of the United States of America,” which he claims does not refer to the United States, the complaint details. When Officer Bugosh provided the Hallar warranty deed, Pipkin allegedly claimed to be a “habitant Free Land Holder of the Republic” and said the deed did not apply to the Republic’s land.
‘I Want to Speak to Your Diplomat’
On Oct. 9, Forest Service District Ranger Nicholas Mustoe spoke with Pipkin at the Dolores Public Lands Office, according to the complaint. Ranger Mustoe gave Pipkin a letter that requested the immediate removal of the fence, but Pipkin reportedly refused to remove the fence, requesting instead to speak with a diplomat of the United States.
On Oct.10, a local group went to the Hallar Deed Area and dismantled some of the fence and barbed wire, but members of FLHC allegedly presented documents they claimed proved ownership, according to the complaint. Fearing an escalation, some of the local residents left the area.
Over the last few months, notices have been sent to the defendants, including a notice on Nov. 9, informing them that if they didn’t remove the fence, the Forest Service would have it removed, according to the complaint.
Neither Pipkin nor the other defendants have responded to the notice. The U.S. is now suing to have the defendants and their fence removed from the property.
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