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Old 12-23-2009, 03:52 AM
  #21  
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Sorry to hear about the troubles WNYhunter. You'd think people would know better and at least show some respect to other's property and rights, but some don't. Anyway, you have until next season to figure something out. Maybe by then you'll have come up with a solution to your trespassing problems.

Good Luck,

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Old 12-23-2009, 04:39 AM
  #22  
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as far as those off-road vehicles, i would set up spike strips. 2-4 flat tires will definately make them think twice about riding through again!!! as far as the hunters walking through fill your shotgun full of rock salt and shoot them in their caboose-lol!! no i'd just def. keep prosecuting them - but you need proof.....
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Old 12-23-2009, 06:02 AM
  #23  
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Originally Posted by WNYhunter
This
Prosecute.. they get at least 1 tresspass ticket every year. I think they just budget out for the fines. LOl.

.
If that is true..take them to civil court and ask for damages.
With a repeated track record, you could make it very expensive.

Besides, CRIMINAL Trespass should be a hefty fine and jail time. Find out why the local PO is not writing this up.

BTW...once written up and enjoined from coming back onto the property, you can ENFORCE (if you know what I mean) your rights independantly.
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Old 12-23-2009, 07:10 AM
  #24  
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Originally Posted by noidurism
as far as those off-road vehicles, i would set up spike strips. 2-4 flat tires will definately make them think twice about riding through again!!! as far as the hunters walking through fill your shotgun full of rock salt and shoot them in their caboose-lol!! no i'd just def. keep prosecuting them - but you need proof.....
As much as I want to agree with you on this I can't.

Unfortunately in todays world landowners get sued from trespassers when the trespasser was in the wrong in the first place.

I heard a story of a atv trespasser suing a landowner because on a gate (that was also posted) the landowner used a cable that caught the atv and flipped it on the trespasser.

Now having said that would I let it stop me from protecting my land....No, do what you have to do.
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Old 12-23-2009, 08:31 AM
  #25  
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Originally Posted by KCbuckeye22
Unfortunately in todays world landowners get sued from trespassers when the trespasser was in the wrong in the first place.

I heard a story of a atv trespasser suing a landowner because on a gate (that was also posted) the landowner used a cable that caught the atv and flipped it on the trespasser.
I call BS on that. You might have heard a story, but every state I have researched has user laws that protect a landowner from liability on their land if used with or without permission (unless leased for $$). So as I said BS.

As a note, he might have gotten sued, but getting sued and having a judgement against you is 2 different things. If he actually paid, then he failed to use the laws that protect him or had a bad attorney.
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Old 12-23-2009, 08:35 AM
  #26  
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I am also a little taken back by all of the suggestions about shooting tresspassers. Maybe they were suggestions in jest, but if not, taking that action will cause you to lose the land you so cherish. Bad advice, and even if given in jest, it is poor taste toeven jokingly say something that stupid.
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Old 12-23-2009, 08:52 AM
  #27  
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Well I was out there for the last evening hunt, and more track. Thank god this year is done. I really don't know how to handle it next year. I mean, all they do is tresspass. They walk by every stand I have, and they never mess with anything. It's wrong and it burns my butt cause they have never asked. But they leave everything alone. A guy I work with has owned land for a few years but just started hunting. So up goes the posted signs, was nice to a few guys he caught on his property and what do you know. signs torn down and 2 new stands were taken. Mabey I will look into this group of guys and show up on thier property this year, being nice ask them "where I should put my stands on their property".

Thats why I hate groups pushing, I am not saying everyone but I bet a majority of these groups are all nice guys but break the laws every year, from tresspassing, poaching, using other peoples taggs. To me it's not hunting, it's killing plain and simple. When I hear they shot a nice one, well I am not impreesed at all.

Last edited by WNYhunter; 12-23-2009 at 08:55 AM.
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Old 12-23-2009, 08:56 AM
  #28  
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they burn down the stands if they cant haul em off..tough call!!they live there..and you dont...gotta bust em..not talk to em, but get em in cuffs!! only way.




Originally Posted by WNYhunter
Well I was out there for the last evening hunt. I really don't know how to handle it next year. I mean, all they do is tresspass. They walk by every stand I have, and they never mess with anything. It's wrong and it burns my butt cause they have never asked. But they leave everything alone. A guy I work with has owned land for a few years but just started hunting. So up goes the posted signs, was nice to a few guys he caught on his property and what do you know. signs torn down and 2 new stands were taken. Mabey I will look into this group of guys and show up on thier property this year, being nice ask them "where I should put my stands".

Thats why I hate groups pushing, I am not saying everyone but I bet a majority of these groups break the laws every year, from tresspassing, poaching, using other peoples taggs. To me it's not hunting, it's killing plain and simple.
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Old 12-23-2009, 09:02 AM
  #29  
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Originally Posted by teedub31
I call BS on that. You might have heard a story, but every state I have researched has user laws that protect a landowner from liability on their land if used with or without permission (unless leased for $$). So as I said BS.

As a note, he might have gotten sued, but getting sued and having a judgement against you is 2 different things. If he actually paid, then he failed to use the laws that protect him or had a bad attorney.
Your right. And I dont have the other half of the story, yet he may have had to pay some cash to a attorney.
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Old 12-23-2009, 09:37 AM
  #30  
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Originally Posted by KCbuckeye22
Your right. And I dont have the other half of the story, yet he may have had to pay some cash to a attorney.
There are ways to get that cash back he paid to the attorney. All he has to do is counter sue the original plantiff for the cost incurred defending himself from the plantiffs illegal actions. The whole landowner liability ploy most property owners use to justify denying you permission is just a false excuse for not letting you on their property without sounding like a prick. So when a property owner brings this excuse up, they are one either lying to you about the liability (which they don't have) or they are idiots that don't know their rights as a property owner (and if they pay a settlement it is their own fault).
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