Jeff - it's not a mindset of entitlement (for me at least) - I actually 100% believe that I am the proper legal owner of that deer, and legally permitted to enter and retrieve it.
To rehash:
GAME ‑- ANIMALS ‑- HUNTING ‑- LEGAL RIGHT OF HUNTERS TO TAG ANIMALS SHOT BY OTHER HUNTERS ‑-CRIMES ‑- LARCENY ‑- TAGGING OF AN ANIMAL BAGGED BY ANOTHER.
1. A hunter who lawfully shoots a game animal acquires a vested legal right in such animal provided he continues to manifest an immediate intention to possess it by exercising actual physical possession and by tagging.
2. Where a second hunter shoots and tags a dying animal bagged by another while the first hunter is attempting to reduce it to possession, the second hunter is guilty of larceny if all other elements of the crime are present.
This interpretation (authored by the Attorney General's office) states that a hunter has a vested property right in an animal as soon as he SHOOTS it. - you don't have to retrieve it, or tag it - as long as you manifest the immediate intent to, the property rights attach once the bullet/arrow is FIRED. If you go back and read the
Pierson case, you'll see where the AG is coming from. It's all in there.
So for those keeping score at home, we now have A, who shoots a deer on his property, mortally wounding it, and it staggers into B's lot and expires. A has a vested property right in that deer - tagged or not. He is "entitled" to it. It is his personal property.
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Now, is it trespassing if A enters B's ground to retrieve his personal property? No.
Why? It's both a public and private necessity, facilitated by both the public health hazard and nuisance of a rotting carcass, and the exigent circumstances surrounding A's need to recover the animal quickly so as his meat does not spoil and create waste. "Waste" is a legal term, and the courts will almost always protect a property owners' right to prevent his own assets from going to waste. Necessity is a complete defense to trespassing.
Our feelings of"entitlement" to our propertyaren't necessarilybased on our own personalopinions,but instead, they're rooted inboth a legal fact and our own desire to do what's right, under the circumstances.
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you will never climb above your miserable life in the concrete jungle. I hope you enjoy yourself absorbedexistence while breathing the stench filled air your neighborspollute with rotting garbage and whining kids. It will be only in your dreams that you are able to hunt anywhere near me and it will be in that same dream you will bag your first deer. Only to have it run and die on the transit authority train tracks that boarder your wilderness.[
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Bawana - take your medicine, put your quiksilver voodoo doll and your book of magic spells down, andlet the orderlies put your straight jacket back on. [X(]