Feel Violated
 

I hunt 300 private acres in Texas. . .well used to be private anyway. We get a call the other day from the land owner next to us. He informs us that some of his cows are running around on our place because the fence was cut by someone on 4 wheelers. We get out to the ranch on Friday night and find one of the gates was not only open, we lock it, but was taken off the hinges and just laying on the ground, still locked though. If there is any good news we did not notice, yet anyway, any damage to any blinds, feeders or the cabin. Have not found any sign of a hunt perhaps just riding around but I doubt it. Make me want to string some wire across some trails. [:@][:'(]

Saw one spike all weekend. . . not ready yet to burn my second buck tag on him, I have 3 more weeks to go.

RE: Feel Violated
 

Sorry bout that (

RE: Feel Violated
 

Be careful doing that G-town.

In PA, we have enacted 68 P.S. § 477-3 which provides that "an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes."

Generally, you will be immunized from any action by any permittee or trespasser for any accidents that happen on your land, so long as the trespasser was using your land for recreational activities. Friedman v. Grand Cent. Sanitation, Inc., 571 A.2d 373 (Pa. Super. 1990).

However, I think it has been held that landowner immunity might go out the window once a hazardous condition has been intentionally created. Friedman v. Grand Cent. Sanitation, Inc., 571 A.2d 373 (Pa. Super. 1990).

Many other states have similar statutes.

I agree with you, ATV riders are absolutely out of control, and I think while the law, as drafted above, DOES protect innocent landowners, many recreationists interpret it as a carte-blanche invitation to do whatever they want wherever they want, because they are doing so at their own risk. While I don't think a fishermen or a hunter will do much damage to my property so long as they clean up their mess, the ATV's are loud, intrusive and leave a mess in their wake.

I've seen more posters go up around home due to ATV trespassing than for any other reason. They drink and drive, they maim themselves, they destroy other people's property. . . . I'll quit ranting now.

RE: Feel Violated
 

roofer nails

RE: Feel Violated
 

Quiksliver. . .haven't seen your posts since we got all spunup on shooting over fences. As much fun as it would be, I do keep things legal. . . .it is fun to talk about it though.

happy holidays. . . .

RE: Feel Violated
 

I've been out of the loop for a bit. It was finals week, and I was working on graduating. Christmas is coming, and I had shopping to do. Big work project too...

Today was the first time back on the board, and given my disgust for ATV misuse, I felt the need to chime in.

RE: Feel Violated
 

I was hunting this past weekend with ML on our 450 acre lease and noticed foot prints in the snow all over the place. apparently some people think it is OK to go all through posted land just as long as they dont get caught. I was there hunting all day last Monday and Tuesday for the last two days of the regular season and did not see the tracks then.

It makes me leary to put my trail cam back out since we had one stolen last year around this time.

MIKE

RE: Feel Violated
 

In Texas, when no trespassing is clearly posted in a reasonable fashion the owner or person in control of the property through a properly executed instrument has the right to do what ever they wish to do with the land and any injury is at the risk of the end user. We had land in the hill country by Kerrville and constantly had ATV'ers and poachers using the area. We posted signs around the perimeter that said No Trespassing-this area being treated for unauthorized use. We then put out nail strips on trails, nails through shingling disks, and dug and covered small trenches along main thorough fares. Never caught anybody but found mutiple blood trails and evidence of flat ATV tires-seemed to slow the problem down considerably.

RE: Feel Violated
 

DUCKSTAMPEDE . . .while I like how you think. . I must wonder if some of that blood could have been from game animals stepping on those nails. Just wondering . . . .

I did go out yesterday after noon with my youngest son,7, and used another lock and chain to secrue the gate in such a way that it can no longer be removed, with out a fight anyway.

We got into the stand about 3:30 and at 4:15 a nice spike came out and headed our way. He started eating a little corn I had dribbled along the road on my way in. Had to wake him up, put away his game boy, get head phones on. Got him up on my knee and after about 3 or 4 minutes this little guy was able to get a nice broadside shot. Dropped him in his tracks. He took a 60yard shot using a modified Rem model 7 .260 120gr with a 3-9 X40 VX-II. He was pretty stoked about his first harvest of this season. . .

RE: Feel Violated
 

Also opens yourself up to civil liability suit You can't "do whatever you wish". From time to time, there are folks that go to prison for electrifying doors, making setguns, etc. Basicly, if you do anything that could be considered deadly force, you WILL be charged at least with manslaughter if someone dies. Civil liability is a huge issue as well. Trespassers are a PITA, but you can get it even worse if you do the wrong things when dealing with them.