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October 22, 2011, 09:51 AM | #26 |
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it doesnt usually have to be posted/painted its still trespassing, but there may be varying degrees of trespass one not as severe as the other, but the majority of the time if caught trespassing your likely to just get told to leave rather than prosecuted anyway but theres always that possibility.
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October 22, 2011, 11:20 AM | #27 |
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duplicate post don't know what happened LOL
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October 22, 2011, 11:21 AM | #28 |
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The presence of signs and/ or markings make the trespassing a willful act.
The absence of signs and/or markings does not necessarily mean that the person is still not violating property rights. I understand the ethical implications of a wounded animal or lost meat, but you must respect the right of property owners first and formost...the best practice is to get permission beforehand.
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October 22, 2011, 11:50 AM | #29 |
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This maybe a little off the OP but;
The only time the farm is shut down for riders, is Christmas and the first day of deer season. Why you may ask the first day of deer season? Its to make sure none of the "Citified" knuckleheads don't think our horses look like deer. NO one rides that day, the horses stay in the paddock area. I cant think of a "first day" that my wife hasn't treated a horse or livestock that has been shot by some idiot. Deer don't wihhhny or go Mooooooo. OK, Rant over
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October 22, 2011, 12:29 PM | #30 |
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IIRC, it used to be law around here that private hunting properties had to be marked "posted" with signage every so many feet, and that requirement had to be met in order for a person crossing onto that property to be considered a trespasser, but I think that law is gone now, and if you cross a property line, you are trespassing. Laws of course vary from one place to another. The safest thing to do is go to the courthouse or wherever property plats are stored for your area, find out who your neighbors are, and let them know you are hunting next to them, and ask whether they would ever have a problem with you crossing to recover an animal.
Jason
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October 22, 2011, 01:31 PM | #31 | |
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Quote:
Sometimes, the Mule comes out. Sometimes, the Sheep comes out. (An interesting sound.)
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October 22, 2011, 02:31 PM | #32 |
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A hunting camp / property near here had signs "Tresspassers will be violated". It has since been sold and those signs removed.
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October 22, 2011, 02:59 PM | #33 |
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Theres gray areas everywhere in hunting regulations. Like the regualtions here says you can drive on any established road or trail while hunting. But we still got a ticket for driving on PLOTS land even though it was a COUNTY road! I mean maintained grated gravel road. I could probably take it to court and win it but Ill just pay a $50 fine compaired to a $5000-10000 lawyer fee. The regualtions also say you can retrieve a downed animal as long as you dont have any weapons, I can tell you I wont even try after this bugus ticket I got. But then again they have the wonton waste laws. One way or the other they can give you a ticket if they want to. Kinda why I havent gotten my concealed carry permit, too many grey areas.
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October 22, 2011, 03:28 PM | #34 |
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If your hunting area is close to a piece of property you are not allowed to enter, shot placement is critical. i own a piece of property that borders a section owned by an anti-hunting bunch out of Ft. Worth. They are there every deer season. One of my stands is about 50 yards from the property line. i've killed deer and hogs from that stand every year. They seldom get up after being hit.
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October 22, 2011, 05:00 PM | #35 | ||
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FrankenMauser
Quote:
Quote:
We don't have very many Mule Deer around this area (NOVA) Not sure I've seen one since hunting in Canada.
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October 23, 2011, 07:13 AM | #36 |
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I own/rent quite a bit of land and have for a long time. Some of the land across the fence is leased hunting land or is owned by nonresidents who allow unfamiliar people to hunt. I TRY to make contact with the managers to set up some ground rules regarding deer hunting and following a wounded animal.
My rules are fairly simple. If you cross the fence, there had better be a blood trail on both sides. Since darn near everyone has a cell phone, it's not a problem to call me and tell me what you're doing. I might be just over the hill and your bumbling follow up might put me in danger or bugger my day's hunt. If you cross the fence on that blood trail and subsequently shoot another deer besides or instead of the one you were following, we WILL have a problem. The guide who hunts land across the fence uses ground blinds and doesn't allow his hunters to stomp around. If a deer is shot, he goes for the followup. We have a strict "call me" policy going both ways even during bow season(which I don't hunt). If I see someone obviously sitting on the fenceline with no cover on their side, I'm pretty sure they intend to shoot over the fence and would have no problem calling the bunny cop to referee the retrieval of a deer on my side. I have a new landowner on one side of one farm who is inaccessable(nonresident, po box address, and no phone listed at the county assessor's office) so I may have some issues this year. A lot depends on the guy's attitude and/or who he allows to hunt. I've seen hunters who figure they have access to everything as long as no one catches them. |
October 23, 2011, 07:36 AM | #37 |
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In response to getting a game warden to accompny you to cross property lines and hunt for a wounded animal, I can't locate any states where this is done. Game wardens may have tremendous powers to enter properties, but everything I find on the is relative to code violations or possible code violations. I don't see a warden helping the average hunter cross into posted property to search for wounded game unless the warden thinks you violated the law.
Does anyone actually have a citation for any state code stating wardens can gain you access to posted lands to search for wounded game?
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October 23, 2011, 08:20 AM | #38 |
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I don't have a regulation to cite. I do know of instances in which the local game warden was called and either negotiated entry or physically recovered the animal after the landowner refused permission to retrieve an animal obviously wounded before entering his property.
Whether that is part of the job or just his discretion is unknown. I have ejected several trespassers from land controlled by me and usually allow them to take their game. I have also demanded they wait at the fence while I retrieve the game to prevent unwanted snooping and buggering my hunting areas. In one extreme case, I allowed two guys to follow a bloodtrail on about 2" of snow. It looked like a short trail so I let them go collect the hardhit deer as I had some other commitments. The next day, I was hunting that area and found that the two hunters had left tracks over most of 40 acres not following the bloodtrail at all-just hunting. I found the smallish 7 point dead and partially consumed within 200 yards of the bloodtrail crossing my fence but the hunters didn't seem to have found it. I saw one of the guys later and asked about the situation w/o letting him know I'd been back and checked it out. He said they'd looked for the buck for hours but lost the trail. |
October 23, 2011, 09:21 AM | #39 |
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Okay, so state laws vary and there is no "One size fits all."
Seems to me that checking with neighboring property owners would be the wisest course of action. That way there's little doubt about what to do when a wounded deer goes into adjacent property. |
October 23, 2011, 12:07 PM | #40 | |
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posted by Double Naught Spy:
Quote:
In Ohio, actual written permission must be given by the landowner to hunt game on landowners property. That written permission slip must be carried at all times by the hunter. Ohio's legal definitions of hunting is: Pursuing,shooting,killing,following after or on trail of,lying in wait for, shooting at, or wounding....it goes on, but by Ohio law, in order to legally pursue a wounded animal on posted property, you are required to have written permission from the landowner. If you don't, the penalties can be rather steep. About 6-7 yrs ago, I shot a nice buck during M/L season. He made his way to an 8 acre section of land owned by an anti-hunter(I didn't know he was an anti-hunter till after the fact). I knocked on his door and he refused me access to track deer explaining to me his disdain for hunting. I called the game warden. He came out and explained to me that he would try and talk the property owner into letting he and I track the deer but could not legally force access to the property. The property owner refused us access. The warden went further to try and talk the owner into letting him(warden) enter the property alone. The owner still refused and there was nothing I could do. Since, that guy has moved but as long as he lived there, I wouldn't let anyone hunt my property back in that corner unless it was shotgun season. |
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October 23, 2011, 02:23 PM | #41 |
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in idaho as long as you can prove that the animal was shot on land that you had permission to hunt on you dont need permission to cross lines to collect since in is illegal to shot an animal and leave it without making an "acceptable effort" to locate it. that said I usually try to be on good terms with everyone and if I do have that happen I usually explain myself to the land owner. they cant do anything about it if it isn't marked no trespassing every 100 feet but I still like to cover my bases.
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October 23, 2011, 02:59 PM | #42 | |
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Quote:
The laws are different in every state and it behooves us all to know the local laws. |
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October 24, 2011, 01:14 AM | #43 |
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Alabama
You are obligated to make an effort to recover game here in AL (legally obligated) but your responsibility ends at the property lines.
I would get a WCO involved to recover a deer across a line if I was faced with such a situation. |
October 24, 2011, 06:48 AM | #44 | ||
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Quote:
My query wasn't about not being able to go onto private property, but being able to for the purposes of getting a wounded or dead animal. Doyle seemed to indicate that game wardens could just go onto any property any time... Quote:
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October 24, 2011, 08:55 AM | #45 |
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Here in Iowa you have the right to pursue wounded or down game onto other properties. You must be unarmed. Now that doesn't mean crap if you run into a cranky land owner and if you have problems your best bet is to get the game warden involved so you can retrieve you game. As a matter of fact even if you don't have similar "right to pursue" laws and are denied permission to retrieve down or wounded game I'd still get the game warden involved and make the buttheaded land owner tell him no too. You shot it, your responsibility to do everything you can to go get it and any land owner that would deny both you and a game warden permission is just an ass.
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October 24, 2011, 09:00 AM | #46 | |
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Quote:
As I posted about the buck I wanted to retrieve from neighbors property, the game warden came out and the property owner refused access to myself and also refused access of the game warden to retrieve my deer. The warden told me he could not force entry onto private property for the sake of retrieving the deer. A game warden has more power than the sheriff here during hunting season and he/she can enter private property without permission for a list of things(I.E. checking hunting license,weapons, temp. tagging of deer etc.) but for the sole purpose of pursuing a wounded or dead animal shot legally by a hunter is not one of them. The law may be different in other states but thats the way it is in Ohio. |
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October 24, 2011, 01:39 PM | #47 |
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L Killkenny, note the above posts where "hunters" claimed to be tracking wounded animals onto private property, but were in fact poaching.
Without proof that you are in fact tracking a shot animal, you are not coming onto my property. If you do, the game warden might get called, but the sheriff's department will definitely get called. On the other hand, if I know you, and if you make prior arrangements, that's another matter. I'd still expect a heads-up prior to entry, to avoid unpleasantness. (One friend, who did have permission, set up his tree-stand directly over my pistol range targets... that almost got ugly, but he whistled at about the same time I saw him there. He now calls the night before.) |
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