Hired to clear land by new owner/arrested removing items old owner left on property

[LukeDuke32148]

What is the name of your state (only U.S. law)?

 

[quincy]

What is the name of your state (only U.S. law)?

LukeDuke32148, please provide the name of your state.

What exactly were you hired to do? What sort of items were removed by you? Did you have the new owner's express permission to do so? Who called the police?

 

[FlyingRon]

LukeDuke32148, please provide the name of your state.

What exactly were you hired to do? What sort of items were removed by you? Did you have the new owner's express permission to do so? Who called the police?

And what were you charged with?

 

[LukeDuke32148]

Further information

I started a land clearing business approximately a year ago. Like any other new business owner I have had my ups and downs; however, we were growing and making progress.

I recently accepted a job to clear 1.5 acres for a great Christian family in my community. Just prior to beginning the work, a land survey was completed where we discovered hundreds of rusty abandoned appliances, hundreds of used tires, deteriorated oil buckets and 10 abandoned, unrecognizable motor vehicles on the property. All of the vehicles were completely rusted throughout and had been sitting long enough for the engine oil pans and gasoline tanks to begin failing where motor oil and gasoline was leaking.

After recognizing the appliances and vehicles had been placed on the property either by mistake or illegally the property owner also hired me to clean up/remove these items.

Over the next few days I contacted EVERY government agency/department within our county to include: Property appraiser, codes enforcement, building and zoning, permits department and the sheriff's office. After speaking with over a dozen government employees and officials asking what we must do to remove these items, I was eventually told, "Just call one of our local recycling yards, they will know what you can do with them." I have cell phone records to prove these calls were made.

I contacted the most reputable recycling center in our county and was advised to bring the items in for recycling. They told us due to the age and dilapidated state of the appliances and vehicles they can accept them without titles according to Florida law.

I proceeded to remove the items. It was a very slow process due to the item's condition. Over the next 3 weeks I removed 10 abandoned vehicles and approximately 400 appliances. In the middle of the removal process I was approached by a woman that identified herself as the rightful owner of the items I was removing. After I explained the situation completely to the woman, she stated the items were placed onto the property by mistake. She thanked me for performing the cleanup and left.

One month later I received a phone call from a local deputy sheriff stating I was being investigated for motor vehicle theft for removing the items. He advised a relative of the woman that claimed ownership of the items is filing charges for theft of the items his family illegally abandoned on the property I was hired to clean.

Two weeks later the deputy sheriff stopped by my office to further advise on the actions he would be taking. I also took the opportunity to explain my actions taken that included contacting every government agency in our county; however, I was advised this was insufficient. I was advised I would be charged with ten (10) counts of grand theft auto along with ten (10) counts of selling the vehicles. Apparently the family that placed the items onto the incorrect property either by mistake or illegally, waited approximately one month after I removed all of the vehicles to contact law enforcement. They told law enforcement they believe a few of the cars may have still been on their property and they subsequently reported the items stolen.

(Note) the agency in question I used to work for for 15 years as a deputy sheriff, the detective in question was why zone partner for 3 years.

 

[LukeDuke32148]

Florida

Thae state this is happening in is Florida.

Thanks for looking...

 

[Zigner]

With (at least) fifteen years of law enforcement experience, you KNOW that only appropriate answer to your question is to tell you to contact a criminal defense attorney and refuse any further questioning unless upon the advice of your attorney. In fact, I'm honestly surprised that you spoke with the police at all.

 

[FlyingRon]

Sounds like bull to me, but since you've been charged, you'll need an attorney. Technically you'd have to comply with the rules for removing vehicles from private property (notification of the police/sheriff, etc...). It would appear that you at the worst are guilty of misdemeanor violation of the towing laws, not felony auto theft. One will have to investigate whether you removed things from other people's property as alleged on some of the vehicles.

The religion of the people involved is 100% immaterial. You need an attorney to take a neutral and dispassionate look at the charges and evidence at this point.

 

[LukeDuke32148]

Agree

Zinger, I only spoke to him about the incident because I consider him a long time friend.

I do have an attorney on retainer; however, I'm attempting to do a lot of the leg work and P.I. work myself to keep the cost down. The problem I'm running into is I can't find any case law that relates. Are any of you familiar with any case law that would protect the contractor? Maybe something similar to acting in "good-faith"?

Also, what really surprises me is if I responded to this call as a law enforcement officer I would have classified it as a civil dispute between the land owner and the individual that place the property on the land by mistake.

 

[Zigner]

Zinger, I only spoke to him about the incident because I consider him a long time friend.

I do have an attorney on retainer; however, I'm attempting to do a lot of the leg work and P.I. work myself to keep the cost down. The problem I'm running into is I can't find any case law that relates. Are any of you familiar with any case law that would protect the contractor? Maybe something similar to acting in "good-faith"?

Also, what really surprises me is if I responded to this call as a law enforcement officer I would have classified it as a civil dispute between the land owner and the individual that place the property on the land by mistake.

I get it - and I agree with you and FlyingRon - this sounds like bull. With that said, you have been told by law enforcement that you are being charged with TEN FELONIES. You can't act on how you would have handled it, you have to act on how it's actually being handled. This is serious.

 

[LukeDuke32148]

Agree

I agree completely Zinger, I took this week off to do research. I'm actually at the law library now and my local University trying to find some case law.

Thanks for the comments.

 

[Zigner]

I agree completely Zinger, I took this week off to do research. I'm actually at the law library now and my local University trying to find some case law.

Thanks for the comments.

I wish you the best of luck. I hope that somebody with a clear head sees through this to make it go away.

 

[not2cleverRed]

Ditto Zigner.

Although, given the state of the litter and the quantity, it sounds like the "victim" was illegally dumping. It certainly doesn't sound like she was storing them there properly with the intent of future use.

 

[LukeDuke32148]

Agree

You are very correct guys, the vehicles had been on the property for over 20+ years. I'm hoping for an experienced prosecutor that has some experience with civil law.

 

[justalayman]

It appears that Florida law allows you to hire abandoned vehicles be towed from your property and escape liability. However the tow company (you in this case) was obligated to store the vehicles for a specifie period of time after which they could be auctioned. You did not do this.

You could have also asked the local police to tag the vehicles abandoned and the state would tow them. Obviously you wouldn't get a penny for the scrap value.


I don't see any problem with the charges although i would have expected a lesser charge like conversion or something similar.

And given 15 years of law enforcement experience I would think you would know how to deal with an abandoned vehicle properly.

 

[quincy]

I am actually surprised that 1.5 acres could "hide" 10 vehicles and 400 appliances from public view.

If the woman who claimed ownership of these vehicles and appliances is not the original property owner, and she did not have authorization from the owner and the city/state to dispose of these items in the way she did, SHE is the one who should be charged (with illegal dumping).

And the new owner of the property apparently has an environmental hazard on his hands (if there has been leaking of gas and oil into the soil) that will require more than a simple clearing of the land.

With that said, if you are being charged with felony theft, you need a criminal defense attorney who can fight your charges and perhaps turn the charges around to target the woman (who seems to be the only one actually guilty of a crime).

Here is a link to Florida's "litter law:" http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0403/Sections/0403.413.html