This is straight from the Rice County Sheriff:


Dave,

I've not had luck catching you at home. I would say riders beware. You will not help Roy's cause by ignoring his current situation.

Here is the latest from my Chief Deputy on Bauer's pit:

I met with the County Attorney's Office and Planning and Zoning today reference to Bauer's pit. Be advised that the County Attorney's Office is of the opinion he is violation of the CUP regardless of whether or not Roy is charging a fee. If you see activity or are called there via a citizen complaint, verify that the activity is occurring, identify who it is that's in the pit, and ask how they got in. Complete a report and forward it onto the County Attorney's Office. Any questions, please let me know. Thanks. (Sue and Paula, I need a copy as does Rice County Planning and Zoning).

Sheriff Richard Cook
Box 158
Faribault Minnesota 55021
rcscook@co.rice.mn.us

 

Like I said before, the only thing that makes Bauer's Pit "illegal" to ride in is the fact that the government wants their cut of the money ($$$$$). If he never charged anyone for admission in the first place, there would be no problems. Thus, it all comes down to money. Agreed?

I should add, that I respect Sheriff Cook as a person, and I don't know of anyone better suited to handle that job. However, his response seemed carefully worded as to jump around the point that riding out there is not necessarily illegal, per say, but simply, that it won't help Roy's case. What this means, I feel is quite trivial, because as anyone who has met Roy before would say, he's 93 years old, and at this point in his life, he could real give a **it less. I believe someone at Tri-County last week said it the best. "What are they going to do to the old dodger, take away his birthday?"

I'm getting an itch...

 

Dave,

I should add, about the guestbook entry from "Brian Bauer".

The original E-Mail I sent the Spam Abuse address bounced back. I talked to one of the guys at MinnTex (sp?), and he gave me a new E-Mail address to try. This E-Mail address also bounced. I called him back, and he said he would start an incident personally, and would hear back probably within 24 hours. I am still waiting.

I am filing all information about this issue for records. The case is getting stranger as we go along here, and is starting to smell a little fishy.

I'll let you comment in public about the issue if you feel it appropriate...

 

To make it short, someone has been posting as one of the Bauer's and encouraging people to ride in Bauer's Pit. We have been doing our own "internal investigation" thanks to klier's expertise and have found reason to believe the posts do not belong to anyone in the Bauer family.

Unless you hear from myself or klier on this site in regards to Bauer's Pit being open, it is strongly suggested that we do not enter the property. My post earlier is an e-mail from the Rice County Sheriff. Take it for what it's worth everyone.

I will try to contact the County Attorney to see what we might have for options.

 

Yeah. They need to get this issue Resolved.. Riders Do need Places to Ride.. and as far as i can tell, Bauers pit is the best place. If not there, riders will be back to causing more probs and what not riding in other places.

Isn't it Amazing how so much Politics, and legal BS go into just riding atvs in a pit?

Anyway, not many places to ride currently around here,
So me and maybe others, like Klier, may be planning a trip!
I am thinking Maybe Spider Lake or Iron Range.
Both have trails for ATVS, DirtBikes, and Vehicles!

We'll keep u informed

Later

 

LEP7MM,
I found the e-mail response from the county sheriff so disturbing I can hardly even respond to it. My dad was a federal agent for twenty-five years as well as a special agent in the U. S. Military. As a young boy he always drilled into my brother and I, beware of county law enforcement. This e-mail reinforces that point that he instilled in us. He used to always tell us, “Law enforcement can only enter private property when there is PROBABLE CAUSE THAT A CRIME HAS BEEN OR IS GOING TO BE COMMITTED”. The only other way they can enter Roy’s property is if Roy invites them on. If the land is posted and the last time I was at the pits there were not trespassing signs, law enforcement cannot enter the property. I don’t want to get into a long discussion about the law but think about the ramifications of the e-mail. What it is saying is that law enforcement can enter private property if a neighbor or law enforcement officer observes activity that might be an ATV. Then upon entering the private property they can force you to identify yourself even if you own the property. This means that if Roy is riding an ATV in his pit he could be stopped and forced to identify himself, which is clearly illegal. I have said it before, it is not illegal for Roy to let himself, his family or friends ride ATV’s on his private property as long as he is not violating any local ordinances. I verified this with a friend of mine who is an attorney. Granted he is not an expert in this area of the law but he assured me that Roy is well within his rights as a private landholder to do this. It doesn’t matter if he has applied for a CUP or not. Anyone can apply for one. It doesn’t mean they have to use it and because an individual has a CUP and is not choosing to use it is doesn’t give law enforcement the right to illegally enter private property and force a citizens to identify themselves. I strongly believe that you should forward this e-mail with a short synopsis of the situation to Attorney General Mike Hatch. As citizens it isn’t our job to investigate law enforcement abuse. We pay Mike Hatch and his staff, through our tax money, to do that.

 

ATC83,

there is one thing the county knows is going on. That is the fact that Roy is still charging a fee. This is an illegal activity. Also, who's to say the Sheriff's Dept won't go in undercover again, pay the fee and get more pics. Roy isn't going to know the difference and might invite them onto the property indirectly. However, some if the things you brought up might be worth looking into. We might need to talk to someone in the legal profession other than the County authorities. I tried calling a judge that i know personally but he wasn't home at the time. I will try again tonight and leave a message if nothing else.

 

Ive been to bauers pit several times and plan on going for a ride there in a week or so,with all the new homes in this area there is no way this will ever become legal place to ride,so go ride before its shut down.I also have some nice 4x4 trails in the medford area

 

not meaning to steal the thread or get off topic,but today while i was hauling fill into an old quarry i started visualizing an dual use off road park.this parcial of land,abit bigger than tri county is basically worthless.too expensive to develop after being quarried,but i could see a nice perimiter trail,a few mud pits for the 4x4 guys,a couple hillclimbs,maybe a little informal dragstrip,and a small mx track.Im gonna try to get a meeting with the mining companys representative about their future needs on this area.maybe with a bit of luck,the clubs involvement,and maybe a GIA it could be a possibility

 

OK guys, here's the deal.

I talked to the judge that I know. In his own words, a private group could lease the property for recreational purposes. But here's the sticker.....as far as a non-profit leasing the pit for the groups personal use, we lose the exclusiveness due to the club offering memberships to anyone willing to join. We could have 3000 members out there and at this point we would very possibly be subject to the County ordinances that Roy is currently battling.

If we could only, somehow, someway, generate the funds needed to get the property in the condition it needs to be in. If only people could understand they need to organize, become one entity, and this could be closer to a possibility.