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DENVER (CN) — A magistrate judge on Thursday recommended a federal judge deny several challenges to the court’s jurisdiction filed by a group facing trespassing claims for their occupation of land in the San Juan National Forest in southwest Colorado.
“The court finds that the United States has alleged facts sufficient to show it owns the land and that Mr. Pipkin and Mr. Hammon violated the Unlawful Inclosures Act,” wrote U.S. Magistrate Judge N. Reid Neureiter in a 10-page report.
Ultimately, Donald Trump-appointed U.S. District Judge Daniel Domenico will decide whether to adopt Neureiter’s recommendation.
Neureiter said he found the defendants’ challenges to the court’s jurisdiction difficult to untangle from the bible verses and maxims cited in the briefs he interpreted as motions to dismiss.
“It is difficult to ascertain on what grounds defendants challenge the court’s jurisdiction,” Neureiter wrote before addressing the issues U.S. attorneys had chosen to respond to, including the Free Land Holders’ challenges to federal ownership of the land and the notion that the “inclosure” law doesn’t apply since the trails and roadways remained accessible.
The U.S. sued Patrick Pipkin, Bryan Hammon and other unknown members of the Free Land Holder Committee on Nov. 26, 2024, claiming the group improperly erected a miles-long fence around the Hallar Deed Area of the San Juan National Forest near the town of Mancos.
The area is named for Fred Hallar, who sold the land to the U.S. in 1927.
According to the prosecutors, Pipkin told law enforcement he felt he could occupy the land because the Hallar deed gave the land to “The United States of America,” with a capital T, referring to “the Republic of the United States” rather than the current U.S. government.
In addition to violating the Unlawful Inclosures Act, the Free Land Holders’ fence blocks others who use the land for cattle grazing and recreational activities ranging from cross-country skiing, hiking and hunting, the government contends.
Despite efforts by law enforcement and by local residents, prosecutors say, the Free Land Holders have refused to remove the fence.
On Dec. 13, 2024, Neureiter granted a motion allowing the U.S. to serve the defendants via publication since it had been difficult to reach them by more direct means.
Representing himself in court hearings, Pipkin challenged the court’s jurisdiction to hear the case, paid court fees in silver, requested a diplomat and eschewed the name written on the complaint, instructing the judge to call him, “the man Patrick,” due to his belief his birth certificate had been forged.
A spokesperson for the U.S. Department of Justice declined to comment.
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