Imagine opening your back door and seeing four-wheelers are zooming across the yard. Property damage and the fear of being held liable are the two main concerns for Frank Burns who has been dealing with the issue for several years.

Burns is the owner Brookhaven Nurseries of Highway 51. He has a large plot of land that is being used as a track by some all-terrain vehicle drivers. The drivers weave across his creek, over his lawn, on to a city easement area and near his lake. Unfortunately they break the equipment he uses to pump water from the creek into the lake, and he uses the lake to irrigate his shrub yards.

“I put signs up, but kids tear them down,” said Burns. “Kids sometime travel in the creek and damage the suction pump. Sometimes they travel over the easement and on to private property. The main problem is the liability involved.”

ATVs on private property are a problem for many people in Lincoln County. Liability, trespassing, property damage and general safety among the main concerns.

Police chief Bobby Bell said ATVs are not allowed on street or highways. If they are trespassing on private property, the property owner should call the police department if they are in the city or the sheriff’s office if they are in the county. Bell added if a person is riding on private property, they should get permission from the property owner a head of time.

According to Mississippi property crimes, since Burns has put up visible signs, the trespassers would be guilty of a misdemeanor and upon conviction they could be fined up to $500 and/or be sentenced up to six months, depending on the number of offensive and amount of previous warnings.

In Mississippi a landowner only owes the trespasser the duty not to willfully or wantonly injure him. Burns would not be held liable for any injuries sustained on his property unless he has actively tried to hurt the ATV riders or had given the riders permission without warning them of hidden dangers.

As for the property damage, if the equipment destroyed by the ATVs is valued less than $500 the crime would be considered a misdemeanor and if convicted the rider could be sentenced to up to one year in jail and $1,000 in fines. If the equipment is valued more than $500 the crime is a felony offense and is punishable with up to five years in prison and $10,000 in fines. There is also a requirement in both cases for Burns to also receive restitution.

Mississippi also has a few restrictions on ATV use. They can be ridden on public property only in specifically designated areas and only with a valid driver’s licenses or after completion of an ATV safety-training course. Riders under the age of 16 are required to wear an approved helmet.