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Would you knowingly break the law?

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Old 05-16-2007 | 08:56 AM
  #11  
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Default RE: Would you knowingly break the law?

ORIGINAL: quiksilver

All I know is, to pursue legal action, the landowner would have to catch me, which I can assure you, will never happen.

If I hunt all year toshoot a deer, and he's down, and I know where he's at, heWILL be going home with me, without question. There is no fence, posted line, river or lake that will stop me. If that means leaving for a while and coming back later in the dark or at a better time, then it is what it is.

But, with that said, there's nowhere that I hunt where the neighbors wouldn't let me go get my deer.
Our neighbor tried that, he got a ride from cops that night

If he just would have ask I would have let him and help the guy. I found his doe that night and gutted it and hung it in our barn. Next morning I took it to his house.

Quick your Self Entitlement view really bugs me as a land owner.
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Old 05-16-2007 | 08:57 AM
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Default RE: Would you knowingly break the law?

ORIGINAL: LittleChief

That being said, I'd answer your question with a "maybe". If I tracked a deer to the property line and saw it lying 20 yards on the other side???? I'm crossing the line. Sorry.[&o]
Would you also go into their home if you thought you would not get caught?
How about getting in their car for a look around?
Where does it stop ? What would it take to stop you ?
They said keep out what part of that are you missing.You have that little respect for the land owners around you?

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Old 05-16-2007 | 09:01 AM
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Default RE: Would you knowingly break the law?

ORIGINAL: GMMAT

Then I guess I am either hunting far enough away or somewhere else.
I have a hard time putting a DEER over and above the rights of a private landowner.
Me too, that is why I would hunt far enough away from the property or somewhere else, so that I would not have to go on their land.

Perhaps you misunderstood me or I am misunderstanding you.
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Old 05-16-2007 | 09:03 AM
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Default RE: Would you knowingly break the law?

Thankfully our state has a law that you CAN go in and get downed game! However, if it was just over the fence Id prolly go for it. Otherwise I would go call Mr. DNR and would have him go get it for me.
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Old 05-16-2007 | 09:04 AM
  #15  
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Default RE: Would you knowingly break the law?

I edited my response. The more I thought, the more I'm not sure. I do my best not to break the law.
I have to say that even though I've seen it happen to my Brother, I can't understand why someone wouldn't be willing to let you recover a wounded animal.
Sometimes I step back and wonder what's happened to everyone in the world. Where I grew up, people were friendly. Everyone would wave "hello" even when you met them on the highway. Strangers would invite you in for a cup of coffee or a glass of tea and try to get you to stay for dinner. Sure there was the occasional "jerk", but even HE was friendly by todays standards.
Of course, I understand that having poachers and vandals hit your land can turn someone the wrong way, but it doesn't mean that you have to go totally "anal" on the world.
Sorry. Just a sore spot with me... I'm done.

Oh yeah, and I love the bumper sticker: "Mean People Suck".
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Old 05-16-2007 | 09:07 AM
  #16  
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Default RE: Would you knowingly break the law?

Bruce....I was answering the previous relpiers question. NOT directed at you.

What this boils down to is whether or not you would or would not obey the rights of a private landowner.

Either you would or you wouldn't. When that deer crosses his property line.....it's time for your decision.
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Old 05-16-2007 | 09:10 AM
  #17  
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Default RE: Would you knowingly break the law?

ORIGINAL: LittleChief

I edited my response. The more I thought, the more I'm not sure. I do my best not to break the law.
I have to say that even though I've seen it happen to my Brother, I can't understand why someone wouldn't be willing to let you recover a wounded animal.
Sometimes I step back and wonder what's happened to everyone in the world. Where I grew up, people were friendly. Everyone would wave "hello" even when you met them on the highway. Strangers would invite you in for a cup of coffee or a glass of tea and try to get you to stay for dinner. Sure there was the occasional "jerk", but even HE was friendly by todays standards.
Of course, I understand that having poachers and vandals hit your land can turn someone the wrong way, but it doesn't mean that you have to go totally "anal" on the world.
Sorry. Just a sore spot with me... I'm done.

Oh yeah, and I love the bumper sticker: "Mean People Suck".
LC
The neighbors across the river hate me and I hate them, but this year I help them track game on our land because they called and ask.

Some need to put differnces aside, some just can not.


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Old 05-16-2007 | 09:10 AM
  #18  
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Default RE: Would you knowingly break the law?

Well the neighbors on both sides of us are real good people and have no problems with this scenario. We can enter to retrieve downed gamewithout permission as they can on ours as well. They just need to make sure noones hunting at that time. They usually call first.But in most states such as Wi it is not required any longer to post your land with posted signs. All land in Wi is conidereed private unless other wise specified by the owner. such as state owned land, county land, forestry dev. land. You are tresspassing on everyones land that you enter with out permission of the owner. no signs needed.
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Old 05-16-2007 | 09:10 AM
  #19  
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Default RE: Would you knowingly break the law?

ORIGINAL: GMMAT

Bruce....I was answering the previous relpiers question. NOT directed at you.
Oh, you quoted me so I thought that it was directed at me.
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Old 05-16-2007 | 09:13 AM
  #20  
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Default RE: Would you knowingly break the law?

Germ, I believe that I have a legal right tothe downed deer.

I am a properly-licensed hunter, hunting on property that I have a right to be on. I project an arrow and deliver a fatal shot to a deer, all within the bounds of fair play and the law.

Now, the deer crosses a property line and expires. Obviously, I know where the deer is, and I can see it. In my opinion, my visual observationof the carcass is confirmation of the lethality of my shot, and is, in my opinion, tantamount to a legal "recovery," which gives me a valid property right in the deer, under the famous ruling in Pierson v. Post.

Whether I, in fact, AM legally obliged to recover my deer is a question of law, not fact, that I would readily allow the courts to sort out if I was caught.

I believe that it's a genuine legal issue left for the courts, not myself, or a layperson landowner to decide.

I would act in accord with my understanding of the legal issue and recover my game. To avoid the specter of litigation, I would make every effort to recover my deer without the landowner's knowledge. In other words, I wouldn't march right in there openly and notoriously, inviting him to engage me in a legal battle over the custody of the carcass. Even though I think I'd ultimately win, I would also lose thousands in legal fees. I'm dumb, but I'm not that dumb.

Sorry if that bugs you, Germ, but it is what it is. I believe that I am legally entitled to enter a neighbor's land to retrieve downed game, no matter what you say, no matter what the game warden says, and no matter what some schmuck online tells me. I'd leave it in the hands of the local, county and appellate courts.

I have a very strong suspicion that any charge against me would be dropped, and any civil action would also be fruitless, for lack of damages.
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