Blocking New Mexico River Access Led To Felony Charges. Update on New Mexico vs Erik Briones

If you own land with water running through it in New Mexico, what you do at the river's edge matters more than you might think. A fence and a sign were enough to put one landowner in front of a judge.

The Background

Back on May 15 I posted a video about the 10th Circuit affirming the public's right to fish every river in New Mexico. In it I mentioned a case where the state had filed charges against a landowner who tried to keep people from using the river. Here's the follow up, and it doubles as a warning.

The Charges

Erik Briones was charged with five felony counts, most of them tied to threatening people with a gun. He was also charged with public nuisance, a misdemeanor, and that's the charge I find most interesting.

Why the Public Nuisance Charge Matters

In New Mexico, part of the definition of public nuisance covers interfering with the public's right to use public property. Briones put a fence across the river and posted a no trespassing sign. Under state law, either one of those can be construed as a violation if it's being used to obstruct a lawful public right of access.

What This Means for Landowners

You don't have to hang a welcome sign. But I'd suggest not doing anything that deters people from exercising their legal rights, especially when it comes to public land or water. All it takes is one person filing a police report to open an investigation or get a citation issued.

If you own or are shopping for land along the water in Red River or anywhere in the Enchanted Circle or New Mexico, find out exactly where your boundaries stop and the public's rights start before you build anything. Defense attorneys are not cheap. 

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Rob Swan | Qualifying Broker | Swan Realty Inc.