Over the past few years, we’ve grown accustomed to Michigan public officials’ willingness to allow pipeline companies to have their way with Michigan citizens. We can’t for the life of us understand why so many of our politicians and regulators seem so much more interested in protecting out-of-state corporations rather than the citizens they have been elected (or appointed) to serve. But we fear that the pattern is continuing with ET Rover. Have ANY officials other than township supervisors stepped up to support and assist the landowners in their districts?
The latest instance of this failure of leadership in Michigan comes from Lapeer County Prosecutor Tim Turkelson who has apparently decided to weigh in on the thorny survey question that has been the source of controversy over the past couple of weeks. According to the Lapeer County Press (see the image at right), Turkelson this week issued a memo to county law enforcement supporting ET Rover’s right to survey without landowner permission. Why? Well, Turkelson apparently assigned his assistant prosecutor Mike Hodges the task of looking into the matter and Hodges went and generated what we believe is a serious misreading of the law, which Turkelson appears to accept.
Interestingly, Hodges did not turn to the UCPA that ET Rover has cited in its letters to landowners. Rather, Hodges cited a different Michigan statute, one that may or may not be applicable to the matter at hand; we’re not sure. We’re also not sure whether ET Rover has altered its legal strategy or whether Hodges and Turkelson have taken it upon themselves to apply a different statute to the matter. We’re still investigating these questions with the help of our crack team of brilliant legal minds. Stay tuned for our full analysis.
In the meantime, here is one example of how Hodges is mistaken that we’re pretty confident about: At one point, Turkelson’s memo warns property owners about disturbing the survey stakes that ET Rover is sure to place on their properties: “Property owners need to be aware that removing survey markers is a 180 day misdemeanor,” the memo says. This is a very serious warning; Hodges is telling landowners that they can be arrested (and possibly jailed!) for removing the survey markers ET Rover places on their property.
However, this appears to be a very basic misreading of the law– either that or a fundamental misunderstanding of what the ET Rover survey crews will do. We don’t know which.
Here is the part of the law Hodges refers to, section 54:210(d):
(1) A person who defaces, destroys, alters, or removes a corner monument or reference monument is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00, or imprisonment for not more than 180 days, or both, and shall be responsible for the costs of reestablishment and replacement of the monument and filing of the corner record by a surveyor.
However, section 54.202 very clearly defines the terms “corner,” “monument” and “reference monument.” Here’s what the statute says:
(d) “Corner”, unless otherwise qualified, means a property corner, a property controlling corner, a public land survey corner, or any combination of these.
(f) “Monument” means a marker that occupies the position of a corner and that possesses or is made to possess a magnetic field.
(g) “Reference monument” means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner.
In other words, corner monuments and reference monuments are stakes or other markers that are meant to establish the boundaries lines of a property. But that’s not what ET Rover’s survey crews are seeking to establish. Frankly, they don’t care much where one property ends and another begins (although they’ll need to know that). At this point, they just need to know where they can put their pipe– and that’s what their survey crews will mark. They will establish what the boundaries of their easements and temporary workspaces might be as well as where the pipeline might be placed. They need to know what kinds of things they might need to go around or under and so forth. So the stakes they put in the ground– the “monuments” are unlikely to be at corners. They’re going to be in all sorts of other places.
Obviously, we are not encouraging people to mess with survey stakes. Rather, our point here is simply that the law that Hodges and Turkelson are citing is completely inapplicable to the case at hand. Which just goes to show that they really don’t understand the situation. As a result, their hasty attempt to inform themselves and render some sort of guidance to law enforcement is inaccurate at best– and inaccurate in ways that could negatively affect landowners, not ET Rover.
Three quick conclusions about this:
First, if Turkelson and Hodges get something as basic as this matter of “reference monuments” wrong, there is plenty of reason to doubt their other claims about the law.
Secondly, this is a terribly unfortunate situation. If citizens can’t get any helpful clarity about the law from the public guardians of the law, where in the world are they supposed to turn?
Thirdly, one can’t help but wonder what motivates such sloppy legal research on the part of these public officials, It appears– and we would like to believe that this is not the truth– that their legal conclusions are based upon a predisposition to do what is in the best interests of a big corporation like ET Rover rather than the interests of the residents of their very own county.
Stay tuned for more as this story develops.
So we’re hosed here in Lapeer county and our local law enforcement won’t protect us against these trespassers…
We are only “hosed” if we lay down for this. It’s wrong for big business to try to manipulate the law for monetary gain over peoples rights. Things have changed and moved so quickly just in the last month or so because of residents letting their voice be heard. More and more residents are being vigilant, smart and active, this is just another stepping stone.
Go Aura Go!
I need some input. If you could only use 3 links to factual information to educate and motivate others who don’t have this “in their backyard”, what would you use?
I looked up the county prosecutor for Lapeer County and he appears to be a Republican. Guess where the Republicans get most of their money for election campaigns? ….. Big oil, gas.
The thing I wonder most about this is the way this law is presented I feel like any surveyor can trespass for any reason. Seems a little beyond the scope of the intent of the law. I talked with a licensed surveyor friend of mine and his take was if it was an approved project then yes they could. However a scenario where say I hire a company to survey the prosecutors property because I want to buy it would not be covered. What I mean is surveyors have the right to access property to do their job, but the job has to be within the scope of reasonable. Person/Corporation A cannot survey Person/Corporation B’s property simply because they want to. If the prosecutor says this is legal then I say we the people of Lapeer County should pay to have a 1 foot grid pattern surveyed and staked on his front lawn. Remember he cannot remove the stakes without penalty of up to 180 days in jail per marker.
At the end of the day we need to remain vigilant and deny access. The potential of being charged for the court order, which seems unlikely, is more than worth it to me to send the message we do not want this here or anywhere in Michigan.
Sounds like we need a more competent attorney for Lapeer County, or one that will refer to a professional in this field before spewing inaccurate info. you will not be liable for court cost when you are not the one seeking the court order, also make sure the court order has the property description on it so they do not just carry one around to muscle their way onto your property!
Rover reps are really on the muscle now. If you have not signed their permission form and have a sign on your property in opposition to the pipeline, they aren’t even going to bother knocking on your door to speak to you about surveying. They are going directly to a judge to get their court order. In their own certified letter, they have the right to survey your property and the Lapeer County Prosecutor backed them up. So, why do they need a court order? We have all been clearly told they don’t need our permission. As long as I don’t chase them off my property, or deny them access in writing, they can do whatever they want.
So…what the FERC?
T-shirt is being made.
“Property owners need to be aware that removing survey markers is a 180 day misdemeanor”
If this is what the prosecutor is saying, then here is what I suggest. Property owners should litter their property with survey markers and if ET Rover disturbs or removes any of them at any time, then ET Rover has committed a 180 day misdemeanor.
There is no law, as far as I can tell, against a property owner surveying his or her own property and putting up survey markers on it. If the prosecutor is interpreting the law in such a vague and all-encompassing manner, then it applies to both ET Rover and the property owners. Be sure to put up your survey markers all over the place so ET Rover cannot put in a pipeline without committing a 180 day misdemeanor. Of course, the prospector will say that they won’t prosecute ET Rover. But, ET Rover will have a fun time trying to figure out which survey marker is which. Especially if the landowner uses similar materials.
How would they know WHO removed the survey markers? Sounds like another scare tactic along with the grave misinterpretation of the law. Last I knew citizens are presumed innocent unless proven guilty. If a disgruntled neighbor removes a survey marker from my property they can’t rightfully prosecute me. I mean SOMEONE removed the “NO ET ROVER” sign on the corner of Pratt and Baldwin Rds a couple weeks ago. I have a pretty good idea who, but certainly couldn’t prove it in a court of law. Don’t roll over for Rover!