Feds say judge should hear Free Land Holders dispute over San Juan National Forest

DENVER (CN) — A U.S. attorney told a federal magistrate on Wednesday he is confident the court can and should hear arguments in a trespassing suit against members of the Free Land Holders Committee who claim ownership over a parcel of land in the San Juan National Forest in southwest Colorado.

“The denial that United States doesn’t own the land is a meritless argument that doesn’t go to jurisdiction,” said U.S. attorney Bill Scarpato.

The U.S. sued Patrick Pipkin, Bryan Hammon, and other unknown Free Land Holder Committee members on Nov. 26, 2024, claiming the group improperly erected a mileslong fence around the Hallar Deed Area of the San Juan National Forest near Mancos, Colorado.

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 U.S. government.

In addition to violating the Unlawful Enclosures Act, the government contends 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.

On Dec. 13, 2024, U.S. Magistrate Judge N. Reid 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.

Appearing pro se, Pipkin eschewed the name written on the complaint, instructing the judge to call him simply “the man” due to his belief his birth certificate had been forged. Pipkin said using the name “Patrick Pipkin” amounted to human trafficking and would result in him disclosing further evidence of the nation’s criminal acts.

“If you bring in this name, ‘Patrick Pipkin,’ it’s going to open a whole can of worms,” Pipkin said. “That’s why we have the news here — because this is coming out, it’s not going to be hidden.”

The judge expressed curiosity about the name on Pipkin’s driver’s license and what his friends called him — Pipkin earnestly explained that, in place of a driver’s license, he carries a land patent and that the name his friends call him is only known by them.

Nevertheless, Neureiter told Pipkin it wasn’t necessary to present evidence of human trafficking or his forged birth certificate because he only needed to consider the jurisdictional issue at hand.

“The question we ask again is ‘why United States will not show ownership of the land?’” Pipkin said. “United States has land right next to ours, and we have respected it — we have never harmed or injured United States or their land.”

On behalf of the U.S., Scarpato said if the case reaches the merits stage, he is prepared to provide the court with documentation proving federal ownership of the land in question.

Should the motion to dismiss for lack of jurisdiction be denied, Scarpato said he is prepared to file a motion for summary judgment, which he hopes to send in before March 14, when the federal budget is set to lapse, putting federal workers, attorneys included, on furlough.

Neureiter said he hopes the government shutdown would be averted. Because he is awaiting a written response from the U.S., Neureiter did not indicate how he would advise Donald Trump-appointed U.S. Judge Daniel Domenico on whether to grant the land holders’ motion to dismiss.

Follow @bright_lamp