Posted on 08/22/2004 9:06:47 PM PDT by Hat-Trick
BY PAUL HAMMEL
WORLD-HERALD STAFF WRITER
LONG PINE, Neb. - For decades, a cool, clear trout stream running past this small town has been known as a "hidden paradise."
Jack Roark has erected several "no trespassing" signs on his Long Pine Creek property, as well as a sign warning of a target range he erected along the creek.
On summer weekends, dozens of visitors take lazy floats on inner tubes down Long Pine Creek through a tree-lined canyon reminiscent of Colorado or Utah.
But some people wonder whether an escalating dispute between a landowner and tubers - including allegations that gunshots were fired at tubers - will ruin paradise.
"This guy thinks he owns the creek," said Alan Sladek, an Omaha attorney who says he was in a group of four adults and six children who were shot at. "But he needs to be arrested and shown he's not above the law."
The Brown County attorney is reviewing whether to file criminal charges in two incidents in July that allegedly occurred as inner-tube riders crossed land owned by Jack Roark.
Roark, a 73-year-old retired Air Force mechanic who's lived along the creek since 1979, says he has done nothing wrong. He only was target shooting and did not endanger tubers, Roark said.
He also said he increasingly has been the victim of vandalism by tubers who don't respect private property or comply with laws requiring them to carry life jackets.
"This is mine," said Roark, of his 100 acres on both sides of the scenic canyon. "I think I earned a little peace of mind. But other people are of a different opinion."
Lawsuits are being threatened. Both sides have been critical of Brown County Attorney David Streich for not filing charges, either against the landowner or the tubers.
The feud involves one segment of Long Pine Creek, a short stretch on a popular 21/2-hour float. Tubers can ply waters upstream, in a cabin development called Hidden Paradise, and downstream through the Long Pine State Recreation area.
The gunshot allegation raises worries about tourism in a small town that depends on tourists, and it takes the sometimes uneasy relationship between mostly urban visitors and rural landowners to a different level.
Brown County Sheriff Steve Hapner said he's concerned someone will get hurt. The county attorney said he faces a difficult situation balancing rights of landowners and the public.
"I don't know if I can resolve that conflict, but I can file criminal charges if they are warranted," Streich said.
Under state law, waters in a stream are public while the land underneath it and on the banks is private. Legally, a canoer or tuber can cross private property on a stream, but if they step out of their craft - in the stream or on the bank - they are trespassing.
However, if a person is portaging around obstacles in a stream, such as a waterfall or fence, that's an "affirmative defense" against trespassing, said Craig Stover, law enforcement chief for the Nebraska Game and Parks Commission.
Roark has erected several "no trespassing" signs and a sign warning of the target range, and he strung an electric fence across the creek where it enters his land.
Roark also erected a target for rifle shooting - five bowling pins hanging from a wooden crossbar - along the creek. The stream is in the background. The signs, fence and targets have been vandalized, but Roark said authorities do nothing.
Asked whether the target was unsafe, Roark said no.
Stover agreed that private firing ranges are legal but said it is a potentially dangerous location because of ricochets off the water.
Details on the July 10 incident were sketchy. But in the second incident, Sladek, a native of nearby Springview who's owned a cabin along Long Pine Creek for 19 years, said that on July 11 his group of 10 was floating toward the Cowboy Trail bridge when someone on the structure warned them Roark was target shooting.
Sladek said he heard two or three shots, then heard one that hit close by. He stopped, then walked up to yell at the unseen shooter, "Hey, listen, we got kids here. Let us pass."
Another shot hit the water about 10 feet in front of him, Sladek said. "The kids were in tears, they were screaming."
After five more shots hit nearby, the group, shaken and sobbing, turned to walk upstream. One more shot was fired in that direction, effectively trapping them. "The reality was, we were his target," Sladek said.
Roark called it a "bunch of bull" to say he shot at anyone. With his military training, he said, if he intended to shoot at someone "I'll hit them."
Roark said he's frustrated with law enforcement's lack of response. Tubers have cut his fences so many times he cannot pasture his horses near the creek, costing him hundreds of dollars for hay, he said.
Sladek said he is frustrated by the slow response to the shooting incidents. If the county attorney doesn't file charges or quell the situation otherwise, he said, he will file a civil lawsuit or appeal to higher authorities.
"I agree with him that his land shouldn't be trashed, but this is out of control," Sladek said.
Streich said that he was still reviewing the incident but that there were problems in identifying a shooter and the intent of the shots. The county attorney recently wrote Roark a letter, warning him of potential criminal charges and advising him that deputies would note, but not respond, to his complaints about tubers without life jackets.
The dispute endangers tourism, said Jim and Nancy Carley, who have operated the Pine Valley Resort for 12 years. They said they were considering a lawsuit of their own. And the local chamber of commerce passed a resolution last week warning Roark about his conduct.
"I just hope that Jack gets his common sense," Jim Carley said.
Is nothing sacred? Filing charges against potatoes is unAmerican!
You know why a property owner owns the land under the water? So he can pay taxes on it?
Maybe not if he has livesrock, he is responsible for containing them. Tubing public cannot have it both ways. I would put a couple of large bulls into the pastures. Serious deterance.
Putting a barb-wire fence against a creek floaters use is also a pretty serious safety hazard. Somebody could get entangled in it. I have had some narrow escapes in the Ozarks myself.
Some morons shoots at me when I am tubing, he is going to get more than a complaint from me...
Once Husker football gets going, this kind of story will be lucky to see the light of day here in Nebraska.
Make that "across a creek." Not even sure what "against a creek" means.
If the article is correct, the law says if they even stand on the bottom, in the water, they're trespassing. In this situation, I believe firing shots at tubers is a bit extreme. Doesn't sound like this lawyer & his crew were the vandals.
There's a guy here in the north Georgia mountains doing the same thing. He's put up a cable and no trespassing sign across one of the most heavily used streams that crosses through his land.
He knew before he bought the land that the stream itself wouldn't be considered 'his'. But, that hasn't prevented him from threatening the people floating or canoeing downstream.
Well, the landowner can put up better fencing, probably at no greater expense than feeding the horses for a year or two. That solution would allow pasturing the horses, and would keep trespassers out.
And obviously the problem is not with gunshots "near" the creek; the eyewitness spoke of bullets impacting in the water nearby his family. Could the eyewitness be wrong?
Yeah, I always carry a set of wire cutters with me when I go tubing. Cut every fence I see, just for the hell of it. jeez...
This man is a menace and a lunatic. What he did was reckless endangerment, even if the tubers were trespassing.
I remember there were some of these types down in Texas when I lived there. Texas has the same rule about navigable waterways, although I think you can stand on the river bottom without trespassing. As soon as you step on dry land you are no longer legal. Anyway, some of these clowns would fence or barricade their section of the river, telling boaters and tubers that they had "Spanish land grants" that preceded and superceded Texas state law. Total horse s**t, of course.
I'm all for private property rights, but these navigable waterway easements are long established in common and statutory law. They should drop the hammer on this maniac.
-ccm
In places where the landowner owns the land under the water there's always a possibility of having problems like those mentioned in the article.To even drop anchor is technically trespassing.
I believe the landowner is completely legal in fencing across the stream but this might end up setting a precedence to help clear up some questionable practices.I hope.
.
Most landowners are understanding but when enough people abuse their rights and property,they can be hard to deal with and cause terribly dangerous situations.
I spend a lot of time on rivers/streams and take every opportunity to meet landowners and let them get to know me.
When an owner knows that you'll be looking out for his interests by letting him know of thieves,vandals,fence problems,sick animals,poachers,etc;,he'll most often be happy to see you on the water.Even picking up trash makes a good impression and word travels from owner to owner about folks that can be trusted or not along the rivers.
Going "against a creek" or river means going upstream. :)
Tubing upstream is WAY too much work.
You're a Conservative,so I know it didn't take you very long at all to figure that out. ;o)
Erecting a firing range where you are shooting towards where people are likely to be is indefensible.
Just dump skunk piss all around.
Shooting onto or across an occupied roadway is sick and he knows exactly what he's doing.I'm surprised the owner hasn't been killed by someone that "feared for my life".
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.