Originally Posted by
Bob H in NH
The "open unless posted" philosophy is just that, a belief or philosophy. Howver you are wrong in two aspects:
1) As a landowner you can close down your land in a heart beat, just post it.
2) You don't have to "legally" post it for it to be valid. Someone above pointed out the "legal posting" rules and that is an old belief and no longer true. If the land is private and the owner makes a "good faith" effort to either post, or ask people to leave, then it's closed, period. So if you have a spot where hunters or hikers or anyone else, is using to access it, a simple sign there is enough to have the land closed.
The only exception is public use tax status. If the land if filed under public use tax status, it HAS TO BE OPEN TO ALL.
Much of this is because there is much land, especially up north, that is private, yet owned by companies. If the law was flipped, then you'd need access from a corporation to go on the land.
All valid points. These comments are also included on the NH Fish and Game website. Plus NH takes trespassing on posted land seriously. If a hunter knowingly hunts posted land, they can be prosecuted for criminal trespassing. Plus because it happens during hunting season, the Fish and Game can become involved and not just the local authority.
I have hunted NH for may years and believe in the intent of this law. Sure, we have slob-hunters that think they can hunt anywhere, including posted land but IMO, they are the exception, not the rule. That being said, it seems more and more land, especially in southern NH is now posted. All it takes is some nitwit to ruin it for hunters that are respectful and have been hunting that specific piece for years. Over the past few years, I have been forced to find different places to hunt because that land is now posted. Asking why to the land owner, they have stated because of so-called hunters trash their property as they main reason. Yes, I was disappointed but also respected the land owners rights.
To think that just because land is not posted and anyone can legally hunt it, that this opens a big can of worms here in NH is (IMHO) just not correct. As Bob H stated, posting any property can be done quickly.