U.S. Department of Justice Brings Lawsuit to Stop Unlawful Fencing on Forest Service Land in Colorado

Press Release: Tuesday, November 26, 2024
U.S. Attorney's Office, District of Colorado
[email protected]

https://www.justice.gov/usao-co/pr/us-department-justice-brings-lawsuit-stop-unlawful-fencing-forest-service-land-0

DENVER—The United States Attorney’s Office for the District of Colorado announced today that it has filed a lawsuit alleging that Patrick Pipkin, Brian Hammon, and a group of unidentified persons unlawfully placed fencing, without permission, on federal public lands near Mancos, Colorado.  The lawsuit, which was filed in the federal district court in the District of Colorado, seeks to clarify that such activity is not permitted and to prevent future unlawful fencing of the area.

In its complaint, the United States alleges that in October 2024, Mr. Pipkin, Mr. Hammon, and other unidentified individuals erected miles of fencing on public land in the San Juan National Forest that is owned by the United States and managed through the U.S. Department of Agriculture, Forest Service.  The public uses this land for many purposes, including recreation and grazing.  The defendants used fenceposts and barbed wire to erect the fencing, which obstructed free passage across a large area of this land. While much of the fencing materials were later removed by members of the public, some of those materials, including barbed wire, remain on the land.  The lawsuit also alleges that since that time, Mr. Pipkin has regularly posted notices in the town of Mancos, signed by him as a representative of a group called the “Free Land Holder Committee,” which purport to exercise authority over the public’s use of this land and set deadlines for members of the public to act to protect their rights. 

The complaint asserts claims under the Unlawful Inclosures Act of 1885 and for civil trespass.  The lawsuit seeks a court order to prevent further obstruction or intimidation of lawful users of this popular area and further harm to the land and the public, and to ensure continuing free and lawful access to public land.

“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,” stated Matt Kirsch, Acting United States Attorney for the District of Colorado.  “We have filed this lawsuit to make clear that these federal lands remain open to the public for all lawfully permitted uses, and to prevent anyone from obstructing that public access.”

The claims made in the complaint are allegations that, if the case were to proceed to trial, the United States would need to prove by a preponderance of the evidence.
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This case is being handled by Assistant U.S. Attorneys Jennifer Lake and Bill Scarpato.