http://www.duluthnewstribune.com/event/article/id/153902/
Published December 05 2009

Superior man accused of trespassing on own land also faces disorderly conduct charge

By: News Tribune, Duluth News Tribune

Jeremy Engelking, 27, of Superior was expecting to be charged Friday with trespassing on a construction site in connection with a dispute over a pipeline being installed across his property. But he was surprised to learn he also would face a disorderly conduct charge.

Engelking was arrested Wednesday after he confronted a crew on his property installing the line for Enbridge Energy Partners. He contended that the workers had no right to be on his property, as he had received no easement payment from Enbridge.

Denise Hamsher, an Enbridge spokeswoman, said the Engelking family repeatedly has been offered payment to install new pipes in the existing easement but has refused the money. She said Enbridge has offered the Engelkings a financial settlement far in excess of what’s called for in the original right-of-way agreement.

The Engelkings have rejected the payments for fear they would result in diminished property rights.

The Engelkings attempted to block the pipeline’s installation in September by taking the matter to court, but Judge George Glonek upheld Enbridge’s right to install a new line.

When arrested, Engelking was cited by officers for trespassing on the work site.

“I was shocked they added the disorderly conduct charge,” he said following Friday’s hearing. Engelking said he never resisted arrest. A rifle was strapped to the front of his ATV, but it was never removed from its case and Engelking said he never threatened anyone with it. Engelking said he was headed out to go deer hunting when he saw the pipeline crew at work on his property.

Engelking is scheduled to return to Douglas County Court on Dec. 16 for a pretrial conference.