trespassers and what should we do about it
#21
Joined: Jul 2003
Posts: 36
Likes: 0
I just returned from a pheasant hunt from Kansas. I must say that if there was a strip of milo that looked awfully good and the land was not posted with any sort of sign or marking that we hunted it. I did not feel that we in anyway were harming the property and we were in and out in a matter of minutes. If it was posted we did not enter the property. I feel that if they really did care whether or not they wanted someone on their property than they would have posted it and many did. Do you in this message board feel that I was breaking the law or for that matter do you know if I was breaking the law? This is an honest question, I would like some feedback. Thanks.
#22
Joined: Nov 2004
Posts: 507
Likes: 0
From: Northern Arizona
Interesting point on just exactly what constitutes trespassing-I do not have no trespassing signs on my house yet if you enter without my permission then you are trespassing. Therefore why do I have to put a no trespassing sign on my property? I own it and you don't for what ever reason. Therefore I would consider going on somebody's property posted or not to be trespassing if I don't have permission. There is not a state in the union, including Texas that permits the deadly use of force in a trespassing case unless you can prove you are in danger! I have researched this and believe it to be true. In Smith versus State of Texas on appeal this was held up where an individual was found not guilty of using deadly force when an individual was shot on private property. The reason was that there was a reasonable history between the two parties and that fear of life and limb was reasonable based on that history.-best case scenario-fine them, lose the license for 5 years or so, and community service from my standpoint.
#23
Joined: Dec 2004
Posts: 605
Likes: 0
From: Bureau County Illinois
Do you know how many signs it takes to post 2000 acres of land with multiple entry points off public and private land? Man, I buy 30 or so a year to put up and they get destroyed by weathering, tresspassers and other things. I wish the law could be inforced without the darn signs and people would no assume that if it isn't posted than hey, who cares. It might have been posted 2 weeks earlier until Joe Tresspasser came and ripped it down because it bothered him that he couldn't hunt mushrooms on your ground. Thank god we still have fences everywhere so the bounderies are easily marked.
As far as if you were breaking the law or not I would bet it depends on the state. I got to go put up more signs, first snow = snowmobiliers in mass. Used to not bother me until I caught them cutting a fence. Sons of @#@#$%
Anthony
As far as if you were breaking the law or not I would bet it depends on the state. I got to go put up more signs, first snow = snowmobiliers in mass. Used to not bother me until I caught them cutting a fence. Sons of @#@#$%
Anthony
#24
Joined: Nov 2003
Posts: 528
Likes: 0
From: Georgetown, Texas
If a fence is crossed with out permission posted or not you are tresspassing. . .sorry. DUCKSTAMPEDE pretty much got it right in my mind. The fence did not grow there. . .
#25
Joined: Jul 2003
Posts: 36
Likes: 0
I appreciate your replies. I also want to post and let you know, it may not matter but we never crossed fences as well. In western Kansas there are few fences. In fact, I was hunting a walk in hunting property and did not even realize that I crossed over to private until I got back to the road. Many of the spots that we hunted were tailwater pits, field corners or large CRP grasses we never hunted anywhere near a homestead, this was rural farmland. I only hunted property that was easily accessible from the road and there was no need to drive into the property. Now however I have a better perspective from a landowner and I appreciate your candidness.
#26
Fork Horn
Joined: Feb 2003
Posts: 337
Likes: 0
From: waterville/barre vermont USA
sorry, but duck was wrong. so what about the fences, or size of your property. if you don't want someone on it, POST IT! i know here in vt, and nh, and me, if you don't see signs, go for it. that's the way hunting is conducted here, where everyone benefits from the wildlife, not just those that can afford to own/lease a piece of land. just think how less crowded/ and less dangerous hunting might be in your state's public lands if you were allowed to hunt as we do here. also, if you were to spread the hunter's out more, wouldn't this help to improve the quality, and perhaps quantity of animals by not having everyone concentrated in those few general areas? by the way, check it out, all 3 states have a very, very low incidence rate of hunters shooting hunters. can the same be said in those states that have restrictions like you guys have brought up?
#27
Joined: Nov 2004
Posts: 147
Likes: 0
From:
ORIGINAL: IL Rancher
Do you know how many signs it takes to post 2000 acres of land with multiple entry points off public and private land? Man, I buy 30 or so a year to put up and they get destroyed by weathering, tresspassers and other things. I wish the law could be inforced without the darn signs and people would no assume that if it isn't posted than hey, who cares. It might have been posted 2 weeks earlier until Joe Tresspasser came and ripped it down because it bothered him that he couldn't hunt mushrooms on your ground. Thank god we still have fences everywhere so the bounderies are easily marked.
Do you know how many signs it takes to post 2000 acres of land with multiple entry points off public and private land? Man, I buy 30 or so a year to put up and they get destroyed by weathering, tresspassers and other things. I wish the law could be inforced without the darn signs and people would no assume that if it isn't posted than hey, who cares. It might have been posted 2 weeks earlier until Joe Tresspasser came and ripped it down because it bothered him that he couldn't hunt mushrooms on your ground. Thank god we still have fences everywhere so the bounderies are easily marked.
#28
Joined: Dec 2004
Posts: 605
Likes: 0
From: Bureau County Illinois
First off, it is less the hunters that cause me problems than it is the snowmobilers and dirtbikers. This has more to do with the damage that they cause more than anything else. Nothing like seeing places were they went though alfalfa fields while they were wet to make you not feel to found of people on your property in general.
Secondly, the law around here does not protect the landowner very well if injury was to befall the trespasser regardless of what level of permission they have. This land is not hunting ground or recreation ground. This ground is my job. When damage is done to my crops, my fences and my equipment, forgive me if I think it is ridiculous that I have to post ever 50-75 yards for legality's sake. When I drive into a drive and watch a truck go speeding across a field, don't tell me they don't know they are tresspassing because there wasn't a sign on the gate. People know but they choose to ignore.
As far as the tresspassers not having access to land, well, around here at least, that is not true because most of them have plenty of land but they have removed every fence line, tree, and plant up to the roads now so there is almost no wildlife. Than in turn, they plow their fields under in the fall as soon as they combines are done rolling and they wonder why they have no deer or wildlife in their fields...
There is almost ZERO public land open to hunting in this county. There are a couple of Soil Conservation areas that are off limits and than there is the Henepin Canal area that is public, I think some areas are huntable but I have never looked into it. We used to give permission to people who asked to small game hunt becasue it was not big deal, but with the state's law protecting landowners being nullified by that judge my family and I are more than a little alarmed at the ramifications of letting even one person on if that leaves us open to lawsuits by dozens. The way the law is written is so vague that it can be interpretted any way one would please. Signs or no signs.
Secondly, the law around here does not protect the landowner very well if injury was to befall the trespasser regardless of what level of permission they have. This land is not hunting ground or recreation ground. This ground is my job. When damage is done to my crops, my fences and my equipment, forgive me if I think it is ridiculous that I have to post ever 50-75 yards for legality's sake. When I drive into a drive and watch a truck go speeding across a field, don't tell me they don't know they are tresspassing because there wasn't a sign on the gate. People know but they choose to ignore.
As far as the tresspassers not having access to land, well, around here at least, that is not true because most of them have plenty of land but they have removed every fence line, tree, and plant up to the roads now so there is almost no wildlife. Than in turn, they plow their fields under in the fall as soon as they combines are done rolling and they wonder why they have no deer or wildlife in their fields...
There is almost ZERO public land open to hunting in this county. There are a couple of Soil Conservation areas that are off limits and than there is the Henepin Canal area that is public, I think some areas are huntable but I have never looked into it. We used to give permission to people who asked to small game hunt becasue it was not big deal, but with the state's law protecting landowners being nullified by that judge my family and I are more than a little alarmed at the ramifications of letting even one person on if that leaves us open to lawsuits by dozens. The way the law is written is so vague that it can be interpretted any way one would please. Signs or no signs.
#29
Nontypical Buck
Joined: Feb 2003
Posts: 3,903
Likes: 0
From: Wisconsin
First , I like the idea of losing hunting priveleges when convicted.
Around here your land does not need to be posted to warrant a tresspass violation unless it borders public hunting land. Why should we have to post our OWN land? If it's not public land and you dont have permission STAY THE HELL OFF!!! Somebody owns it! I personally think that states who force their landowners to post their land or it becomes free passage to anyone are violating your constitutional rights.
Around here your land does not need to be posted to warrant a tresspass violation unless it borders public hunting land. Why should we have to post our OWN land? If it's not public land and you dont have permission STAY THE HELL OFF!!! Somebody owns it! I personally think that states who force their landowners to post their land or it becomes free passage to anyone are violating your constitutional rights.
#30
Joined: Nov 2004
Posts: 116
Likes: 0
From: FT Benning
Sorry I don't agree. It took my wife and I alot of money to purchase are slice of heaven. I'll be damned if someone will hunt on my land for free and reap the benefits of my hard work. I post my property for this very reason. I know it sucks to have to put up signs every year to show people you mean buisness but it's better than someone saying I didn't know I couldn't hunt here. I try and hang my signs about 9 feet high so Idiots can't just tear them down without alittle effort. Just my 2 cents.
ORIGINAL: vtbuckrulrss
sorry, but duck was wrong. so what about the fences, or size of your property. if you don't want someone on it, POST IT! i know here in vt, and nh, and me, if you don't see signs, go for it. that's the way hunting is conducted here, where everyone benefits from the wildlife, not just those that can afford to own/lease a piece of land. just think how less crowded/ and less dangerous hunting might be in your state's public lands if you were allowed to hunt as we do here. also, if you were to spread the hunter's out more, wouldn't this help to improve the quality, and perhaps quantity of animals by not having everyone concentrated in those few general areas? by the way, check it out, all 3 states have a very, very low incidence rate of hunters shooting hunters. can the same be said in those states that have restrictions like you guys have brought up?
sorry, but duck was wrong. so what about the fences, or size of your property. if you don't want someone on it, POST IT! i know here in vt, and nh, and me, if you don't see signs, go for it. that's the way hunting is conducted here, where everyone benefits from the wildlife, not just those that can afford to own/lease a piece of land. just think how less crowded/ and less dangerous hunting might be in your state's public lands if you were allowed to hunt as we do here. also, if you were to spread the hunter's out more, wouldn't this help to improve the quality, and perhaps quantity of animals by not having everyone concentrated in those few general areas? by the way, check it out, all 3 states have a very, very low incidence rate of hunters shooting hunters. can the same be said in those states that have restrictions like you guys have brought up?


