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Tresspassing to find a mortally wounded animal
I was jsut watching Babe Winkleman and he shot a buck in Wisconsin and the buck crossed the property line and they went and asked the neighbor for permission to go get it and the guy said no. Now in MN and WI I know there is a legal right to go onto the property to recover the animal. Babe chose to obey the owners wishes and no follow the animala little while later (week or so)someone found it on this guys land less than 100yd past the fence.
I don't want to discuss the TV show thing we all know how people feel about that. My question is what would you do would you go get the animal or not. |
RE: Tresspassing to find a mortally wounded animal
This question came up a few months ago.....and I was really a bit surprised to find out that the majority of deer hunters place their "perceived" "rights" to recover a downed DEER over the rights of the landowner to determine who, what, when, and where people can access HIS land.
So you might as well say..... "Would you knowingly break the law to retrieve a DEER"? |
RE: Tresspassing to find a mortally wounded animal
It's illegal here to cross a property line to retrieve game without the owner's permission, but a call to a Conservation Officer usually persuades the owner that keeping the game without a valid tag or license isn't worth it. ;)
Would I trespass? No. |
RE: Tresspassing to find a mortally wounded animal
I saw it as well...He made the right decision...
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RE: Tresspassing to find a mortally wounded animal
ORIGINAL: kevin1 It's illegal here to cross a property line to retrieve game without the owner's permission, but a call to a Conservation Officer usually persuades the owner that keeping the game without a valid tag or license isn't worth it. ;) Would I trespass? No. X2 |
RE: Tresspassing to find a mortally wounded animal
Sure every hunter has the right to make best possible effort to retrieve a wounded animal but even in WI and MN you have to get the landowners permission. You can not just cross onto the property. You can how ever contact the DNR and they can make sure that you can get in. More times out of none, if you show up with enforcement, the landowner usually doesnt say much.
ORIGINAL: mconwa951 I was jsut watching Babe Winkleman and he shot a buck in Wisconsin and the buck crossed the property line and they went and asked the neighbor for permission to go get it and the guy said no. Now in MN and WI I know there is a legal right to go onto the property to recover the animal. Babe chose to obey the owners wishes and no follow the animala little while later (week or so)someone found it on this guys land less than 100yd past the fence. I don't want to discuss the TV show thing we all know how people feel about that. My question is what would you do would you go get the animal or not. |
RE: Tresspassing to find a mortally wounded animal
In Oregon they have to let you get your animal if it runs onto another landowners property...and if they refuse the cops will ****** you onto their land.
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RE: Tresspassing to find a mortally wounded animal
It's illegal here to cross a property line to retrieve game without the owner's permission, but a call to a Conservation Officer usually persuades the owner that keeping the game without a valid tag or license isn't worth it. ;) |
RE: Tresspassing to find a mortally wounded animal
Im gonna add to this a little...
Say you dont know the landowner... or they live in Florida or something to that nature? |
RE: Tresspassing to find a mortally wounded animal
In Minnesota, if the land is not posted, you may retrieve the deer without permission but must leave if told to do so by the landowner. The regulations state:
"A person on foot may, without permission, enter land that is not posted to retrieve a wounded animal that was lawfully shot, but may not remain on the land after being told to leave." That exception makes sense to me. I own my own land and have had people trespass and treat it with disrespect. So I know firsthand how frustrating trespassing can be. But if someone followed the letter of the law as state above and treated my land with respect, I would have no problem with them retrieving the animal from my land under those circumstances. Of course, I post though, so it wouldn't happen. Where I hunt, and where my neighbors hunt, we are all very cordial and respectful of one another. None of us, and I know this, would hesitate to let another retrieve a deer ifit crossed onto another's property, so we always ask permission.A quick phone call and I'll be right out to help you is the response you usually get. Now if I knew the deer had crossed onto someone's property - a gut shot or whatever that let them go a long ways - and there was a good chance they'd deny me the opportunity to recover the deer, I might very well break the law and recover the animal. Though illegal, it would leave me with a sick feeling in my stomach to allow the animal to rot in the woods and know that I had taken its life for virutally no reason. And avoiding that feeling would be well worth the citation and fine. I see that as a once in a lifetime situation, however, as I have taken every step possible to avoid such a situation in all of my set-ups. Get to know your neighbors landowners neighboring the land you hunt and even those who don't like hunting would likely give you permission to retrieve the deer. |
RE: Tresspassing to find a mortally wounded animal
Or say.............................................. its a dark and starless night. A hound can be heard bawling out a lonesome song.
NO.[:-] |
RE: Tresspassing to find a mortally wounded animal
In Iowa, a hunter has the right to track an animal that he/she shot unarmed for the purpose of recovery. I make it my policy that if I have to go onto land that I don't have permission to hunt,I always try to let the landowner know what I am doing. I have in the past had someone tell me that he didn't want me on his property, and I explained the law to him and told him that we could have law enforcement come out and assist in the recovery of the deer, at which point he decided that it was okay for me to go in and get it.
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RE: Tresspassing to find a mortally wounded animal
Here is WI Law: Trespassing: Landowners suspecting that individuals are trespassing on their property should contact their local Sheriff’s Department or other local law enforcement agency . Conservation Wardens do not have the authority to investigate trespassing complaints. Any person convicted of trespassing is subject to a penalty of up to $1,383. According to s. 943.13, of the Wisconsin Statutes, it is illegal to: • enter land of another without the express or implied consent of the owner or occupant of the land, or • enter or remain on land after having been notifi ed by the owner or occupant not to enter or remain. A person has received notice from the owner or occupant if he or she has been notifi ed personally, either orally or in writing, or if the land is posted. Remember: Although hunters are required to make a reasonable effort to retrieve game they have killed or injured, hunters may not trespass to retrieve such game, even if the game was shot from outside the posted area. Ask fi rst for permission. |
RE: Tresspassing to find a mortally wounded animal
The "questionable" or "interpretation of the law"has been taken out of the scenario for you here, guys.
IT IS illegal in the scenario depicted. Now you just have to ask yourselves if a deer is worth you breaking the law for. |
RE: Tresspassing to find a mortally wounded animal
Absolutely not
ORIGINAL: GMMAT The "questionable" or "interpretation of the law"has been taken out of the scenario for you here, guys. IT IS illegal in the scenario depicted. Now you just have to ask yourselves if a deer is worth you breaking the law for. |
RE: Tresspassing to find a mortally wounded animal
Is IT Jeff? I mean It's like shooting a deer and not recovering him/her. Knowing they are laying beyond the fence possibly suffering. Or dead and laid to waist. I'm gonna make every effort to get that deer. Even if it means having the game warden come and help me track:D
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RE: Tresspassing to find a mortally wounded animal
Aaron:
Yes. It IS illegal in some states to retrieve a downed game animal....if the landowner denies you access to his property. That's what happened in the original scenario (opening post on this thread). So again....ask yourself if a deer is worth you breaking the law for. |
RE: Tresspassing to find a mortally wounded animal
An animal shot through the vitals shouldn't go far. A gut shot animal would be another story.
I would probably just go in there and quickly drag it back to my property. This is not a problem I have ever had since my neighbors would never tell me I can't retrieve a deer and I in turn would not do that to them. Luckely in MN it would also be perfectly legal for me to go in and get the animal without even asking unless they came out and told me to leave in which case I would have tp abide by their wishes. |
RE: Tresspassing to find a mortally wounded animal
In the past, I have always talked to the land owners near my properties way before the season started to make sure that it is okay to retreive a deer if it crossed over. I have never been told no, in fact, in most cases they end up asking me the same (of course I agreed) and in alot of the cases I had been allowed to hunt over the property lines. Now if I was told no that I could not cross to retrieve a deer, I would not do so, but I would also plan stand locations so that a kill shot would not allow the animal to cross either.
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RE: Tresspassing to find a mortally wounded animal
ORIGINAL: GMMAT Aaron: Yes. It IS illegal in some states to retrieve a downed game animal....if the landowner denies you access to his property. That's what happened in the original scenario (opening post on this thread). So again....ask yourself if a deer is worth you breaking the law for. We all break the law in some sort of fashion. Its a real shame that common sense is no longer the rule. People have to ask question on a forum to make up thier mind. They can't just use common sense. There is a big difference however to crossing land on a well hit deer to retrieve and crossing land on a gut shot that has traveled .5 mile already. I have crossed over land to retrieve a deer. And will do it again if I have too. I have been thru security clearance processes to the highest levelsand have told them in the process that I have trespassed to retrieve deer. Even they, who are critical on every little misstep in life, said in the big scheme of things in life, they could care less. It was like speeding going 75 in a 55 to them. They didn't even list it onthe report. |
RE: Tresspassing to find a mortally wounded animal
I dont have this problem with my nighbors as they know they are always more than welcome to come on our property and track a wounded animal, the only time we run into problems is when one crosses the river and gets on to another parcel of land.
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RE: Tresspassing to find a mortally wounded animal
Good point bigcountry. I think its less a matter of law and more a matter of respect for the landowner in most people's minds. It's just that law represents it in a tangible way.
If someone knowingly breaks the trespass law in a situation but is respectful of the other person's property - meaning not damaging it in any substantially physical way - and agrees to pay the consequences - meaning any citations or fines that accompany it - then I have no problem with it. But that is me. Others have different viewpoints and are entitled to them. |
RE: Tresspassing to find a mortally wounded animal
If someone knowingly breaks the trespass law in a situation but is respectful of the other person's property - meaning not damaging it in any substantially physical way - and agrees to pay the consequences - meaning any citations or fines that accompany it - then I have no problem with it. But that is me. Others have different viewpoints and are entitled to them. |
RE: Tresspassing to find a mortally wounded animal
Well if I shoot a deer legally and it goes on posted land I make every attempt to get my deer! Sorry guys but I am not gonna let a deer that I shot go to waste cuase someone will not let me walk on there land! So my answer is yes the deer has my respect and I would pay the $150 dollar fine if caught retrieving my deer! Just me though! This is a sore subject with me I got a landowner who I fight with every year. I never ask him I know his answer if I would! I wait till late at night and go get it! Am I correct no I no I am in the wrong! I don't like doing it but it's got to be done!
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RE: Tresspassing to find a mortally wounded animal
Good point GMMAT. Absoulely not in my opinion. Totally different story. I'm talking about if you start out on your own land or land you have permission to hunt and circumstances present the deer running onto an adjoining property.
Again, in my cases, it would have to go a heckuva long ways. And I have avoided hunting properties/areas in the past that are near property lines of landowners I don't have good or simply existing relationships with. I don't want to present myself with this problem in the first place. Especially since many of the areas I bowhunt aren't necessarily urban per se but near houses and farms where it could be a problem if I didn't know the landowners. One year, I literally had a big doe sprint 150 yards through the woods from one of my stands and collapse near the front steps of a neighbor's cabin. In that case, I asked, "Do you mind if I drag a nice doe out of your front yard?" :D |
RE: Tresspassing to find a mortally wounded animal
ORIGINAL: cooter144 An animal shot through the vitals shouldn't go far. A gut shot animal would be another story. I would probably just go in there and quickly drag it back to my property. This is not a problem I have ever had since my neighbors would never tell me I can't retrieve a deer and I in turn would not do that to them. Luckely in MN it would also be perfectly legal for me to go in and get the animal without even asking unless they came out and told me to leave in which case I would have to abide by their wishes. Restrictions (See below for exceptions, definitions, and posting requirements) • A person may not enter legally posted land for outdoor recreation purposes without permission. • A person may not enter agricultural land for outdoor recreation purposes without permission. • A person may not remain on private land for outdoor recreation purposes after being told to leave. • On another person’s private land or a public right-of-way, a person may not take a wild animal with a firearm within 500 feet of a building occupied by humans or livestock without written permission. • A person may not take a wild animal with a firearm within 500 feet of a corral containing livestock without permission. • A person may not take a wild animal on any land where the person is prohibited from lawfully entering by this law. • A person may not wound or kill another person’s domestic animal, destroy private property, or pass through a closed gate without returning it to the original position. Exceptions • A person on foot may, without permission, enter land that is not posted to retrieve a wounded animal that was lawfully shot, but may not remain on the land after being told to leave. • A person on foot may, without permission, enter private land without a firearm to retrieve a hunting dog. After retrieving the dog, the person must immediately leave the premises. This exception does not authorize the taking of the wild animal. I myself will not trespass to get an animal. Phone calls will be made first. |
RE: Trespassing to find a mortally wounded animal
I have had this happen to me before. I shot a doe and it died on the neighbors property. I went to their house to ask permission and was denied. Later I found out they retrieved the deer and butchered it in their garage. I don't know if they tagged it or not, but it did not go to waste in the woods. That doesn't makewhat they didright, but......
After that, I will admit, I have crossed the property line to retrieve a deer only because the owner was not home or answered the phone. So I left my information on their door stating I retrieved a deer from their property. I was contacted later by the landowner and was asked where I found it. Granted I took a chance on leaving my information and trespassing on their land, but the deer does deserve the respect. The owner from anotherpiece of land that butts up against where I hunt is not alocal owner, so Icall him every year before the season to ask permission just in case. I don't know what the law is here in IL but willlook into it. I only went from what I was told. |
RE: Tresspassing to find a mortally wounded animal
In Indiana you can cross your property line to retrieve an animal
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RE: Tresspassing to find a mortally wounded animal
Tony I have actually heard that animals havewentto wasteon the properties because the owner said no and the DNR did not get them for the hunter.
Now if the land owner was to go get that deer oncehe did he would then be ticketed for a illegal harvest for not having a licence and improper tagging. I do not believe the DNR can trespass and get this deer. UPDATE: See the following ORIGINAL: wis_bow_huntr Sure every hunter has the right to make best possible effort to retrieve a wounded animal but even in WI and MN you have to get the landowners permission. You can not just cross onto the property. You can how ever contact the DNR and they can make sure that you can get in. More times out of none, if you show up with enforcement, the landowner usually doesnt say much. ORIGINAL: mconwa951 I was jsut watching Babe Winkleman and he shot a buck in Wisconsin and the buck crossed the property line and they went and asked the neighbor for permission to go get it and the guy said no. Now in MN and WI I know there is a legal right to go onto the property to recover the animal. Babe chose to obey the owners wishes and no follow the animala little while later (week or so)someone found it on this guys land less than 100yd past the fence. I don't want to discuss the TV show thing we all know how people feel about that. My question is what would you do would you go get the animal or not.  |
RE: Tresspassing to find a mortally wounded animal
A preseason visit to your neighbors , a card with your cell phone number,their contact info are all easy things you can do to prevent any hard feelings or botched hunts.
It really is not hard to treat them with the same respect that you expect to be treated to.:eek: |
RE: Tresspassing to find a mortally wounded animal
True but in my part of the country its either yuppie suburbinites, anti hunting, or a bad experience with hunters. First two go kind of hand in hand.
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RE: Tresspassing to find a mortally wounded animal
Call the game warden. The property owner may own the land, but he does not own the game on it. The state does. Have a good relationship with your wardens and this will never be a problem for you.
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RE: Tresspassing to find a mortally wounded animal
Call the game warden. The property owner may own the land, but he does not own the game on it. The state does. Have a good relationship with your wardens and this will never be a problem for you. I'm not picking on anyone....because this quoted sentiment is a popular one.... Granted I took a chance on leaving my information and trespassing on their land, but the deer does deserve the respect. Never have nor never will understand that. |
RE: Tresspassing to find a mortally wounded animal
Everyone preseason scouts, practises, and does everything they need to be ready to hunt.
WHY is meeting with the neighboring landowners to discuss the possibility of retrival as important as any thing else you do to prepare? You then know when setting up stands or sometimes whether or not to shoot what the consequences might be from your action. I don't go without specific permission and do not allow others without prior permission and contact after the shot to go onto ours. Been burned too many times by neighboring wandering stateland hunters and those who set on the line (woods on our side - open field on theirs - they are hunting and shooting onto our property. Don't want to play by the rules and respect us, you go to court if we catch you one foot over the line. And there is no right to retrival in NYS - no officer of any kind can assist over the landowners objection. Steve |
RE: Tresspassing to find a mortally wounded animal
ORIGINAL: bowmanaj In Indiana you can cross your property line to retrieve an animal Do Not Trespass It is illegal to hunt, trap, chase or retrieve game on private land without the consent of the landowner or tenant. Always ask permission before entering private property. A sample private landowner permission form is found on page 50. ^^^^^^^^^^^^^ This is straight out of the Indiana hunting regulation book. It is illegal to go onto someone elses property POSTED OR NOT POSTED in Indiana. |
RE: Tresspassing to find a mortally wounded animal
GMMAT; in Wisconsin it IS that simple. Babe should have had a better relationship with the warden.
(or he should have made a better shot) |
RE: Tresspassing to find a mortally wounded animal
ORIGINAL: mconwa951 I was jsut watching Babe Winkleman and he shot a buck in Wisconsin and the buck crossed the property line and they went and asked the neighbor for permission to go get it and the guy said no. Now in MN and WI I know there is a legal right to go onto the property to recover the animal. Babe chose to obey the owners wishes and no follow the animala little while later (week or so)someone found it on this guys land less than 100yd past the fence. I don't want to discuss the TV show thing we all know how people feel about that. My question is what would you do would you go get the animal or not. |
RE: Tresspassing to find a mortally wounded animal
If there is a chance that your wounded animal could cross a property line. You being the hunter should have foreseen that possibility and requested permission from the neighboring land owner proir to the hunt. If the land owner will not grant you access, don't take a shot where and when there is a likely chance your animal could die in the no fly zone. Especially don't hunt on the property line like some people i know. Anyway stuff happens, but preparation is key. All you can do is try to avoid the issue the best way you can, and hope to make a clean fast kill every time.
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RE: Tresspassing to find a mortally wounded animal
I like the laws in NY. There is no right to enter someones land without permission posted or not. If you do you are tresspassing. Even a game warden can not come on your property for the purpose of pursuing someones wounded animal. A warden can enter private propertyoutside of what is called the curtilage only for the purpose of checking licenceses of hunters envolved in a hunt or if there is probable cause envovinga violation. The curtilage is the area of land occupied by a dwelling and its yard and outbuildings, actually enclosed or considered as enclosed. A warden needs a warrant to enter your curtilage just like any other cop. There are a couple of exceptions to allow for extreme situations like if a crime is in progress or to prevent loss of life or injury. I'm not sure about the specifics of the exceptions but finding somebody's deer certainly isn't one of them.
Imo, finding a wounded or downed deer is no reason to violate private property rights. |
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