Property Invasion, Damages, Trespass Trespassing to retrieve property?

[V111pilot]

Quick question: While participating in skydiving I released a malfunctioning parachute which landed in a farmers field. The farmer stated that if I enter his field to retrieve my parachute he would have me arrested for trespass. The local police seem to concur. My question is do I have a right to enter his property for the purpose of retrieving my parachute (valued at $1000)?

Thanks!

 

[dee_dub]

No, you do not have the right to enter his property. It's his property.

Neither does he have the right to keep your chute. It's not his property. Keeping what belongs to someone else is commonly called "theft" or "conversion". You could sue to get it back, and if you can prove a) the chute is yours, b) he's got it, and c) he ain't giving it back, you'd probably win.

Before getting to that, have you asked for it back? Have you advised the police that he is unlawfully retaining your possession?

 

[V111pilot]

Yes I have asked for it back. Actually after some research, I believe I DO have the right to go get it. As stated in 720 ILCS 5/21-3 (f) "This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction."
I believe my property is in danger of destruction from exposure to the elements as well as animals and harvesting.

 

[CdwJava]

Have you ASKED him if you could get it? What reason has he stated NOT to let you go get it? I find it hard to believe that a farmer would reject you for no reason. I live in farm country and I cannot imagine ANY of the farmers here rejecting a reasonable request for such access.

If you feel you have grounds to enter to retrieve it, you might consider getting a court to order it rather than just taking your chances that a grumpy old farmer might not have you arrested or take a potshot at you.

- Carl