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Old September 1, 2008, 09:24 PM   #1
lockedcj7
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Poacher! <Caution: Long>

I thought I heard shooting behind my property yesterday but couldn't go and check it out. After the shooting, I heard a chainsaw and heavy equipment. I've dropped what I was doing many, many times and driven back to the back 40 at the sound of shots, only to find that the shots were another 1/4 mile further back. I didn't stress about it.

After my disappointing dove hunt today, I drove around to the back of my place. Nothing looked amiss except tire tracks in my neighbor's field. I parked adjacent to my place and walked the fencerow. The tracks continued onto my place and picked up one of my woods roads. I followed the road and it had apparently been longer than yesterday since it hasn't rained recently and the tracks were not fresh. Be that as it may, I followed the tracks and saw evidence of a tracked skid-steer or trackhoe and tractor with discs or harrows.

I cleared off a food plot about three years ago, planted and hunted it but I never saw anything, so I abandoned it. The interloper has cleared it off again and planted it. He has also put up a hang-on stand using climbing sticks and screw-in steps. I called SCDNR and they weren't much help. The dispatcher said, "sounds like you got a free food plot and deer stand!" He had a LEO call me and he basically told me that there wasn't anything they could do. If I catch the guy, I can confront him myself or I can call them but I have to be willing to go to court. I've posted a sign on the road where they crossed onto my property and they can't miss it. I could put a note on the stand or I could take it down and put a note on the tree. I could take down the stand and not leave a note or I could do nothing.

I obviously can't do nothing. My wife's family has owned the land since 1960 and I've lived on the land and had exclusive right to hunt it for the last 13 years. I'm hoping to teach my son to hunt here and pass the land on to him.

If I leave a note, I'm concerned about retribution.
If I try to confront the guy, I'm concerned about an armed confrontation in the woods.

I've confronted poachers before. I found one guy in my stand. He climbed down, apologized and claimed that he thought he was on his BIL's land and that it was his stand. I never saw him, or evidence of him, again.

Due to the amount of work this guy has done, I don't expect this one to be easy. Either he thinks he has permission and all I need to do is show him the plat and aerial photo or he thinks the owner is absentee/elderly and unable to care for the property and doesn't care.

What say you?
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Old September 1, 2008, 09:36 PM   #2
dipper
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Put a number of no trespassing signs up in highly visible places ---take pictures of the signs--with date stamp.
Take down deer stand and leave note on tree with your number and instruct the guy to call you to set up an appointment if he would like to get his property back.
When he calls, tell him to come get his stand and get his name and number.
When he comes over to retrieve his things, have a few "witnesses" there like some buddies and tell him you don't want him there and he does not have permission to hunt there or make any changes to your property.
Note what type of vehicle he's driving and get license plate number---pay attention and get a good "description" of him.
That should about do it for now.

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Old September 1, 2008, 09:46 PM   #3
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If it were me I would keep the stand, leaving a nice sharpie marker note in a plastic sleeve. It would say thanks for planting a plot for me. DO NOT RETURN EVER OR YOU WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW AT LEAST!!! If they return I would try to let them know nicely that it is not open land. There stand would only be returned if they paid me for hackin' up the woods with chain saws.
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Old September 1, 2008, 09:53 PM   #4
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Take down the stand and see if LEO will take it. Leave a note tellin the guy to get it from them as they held it as evidence. Otherwise I would do what dipper said.
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Old September 1, 2008, 09:55 PM   #5
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I just can't believe the audacity of some people. Unless of course, he really has no idea where he is. I think dipper's course of action sounds like the way to go. I would do whatever was necessary to find out who it is, in case of later retaliation. Pictures of the trespasser (while trespassing) would be nice and probably not too difficult.

I feel for you though I haven't seen any sign of them being that bold in this area. I don't bow hunt but I'm gonna have to camp out on a ridgetop the night before opening day to catch them on my property. They killed at least two up there last year, including a nice gutshot buck that I found. No more.
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Old September 1, 2008, 10:00 PM   #6
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There is no question you have to be careful of confrontations. In the wake of the Wisconsin trespassing tragedy, you are right to be cautious.
dippers has given good advice.
Hopefully it will be a simple miscalculation of property lines.
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Old September 1, 2008, 11:03 PM   #7
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The stand is a gift to you by the poacher.

Leave a note, like it was said, and tell him he can meet you to get it back by calling your cell number. then set the meet for the local Police station. and then notify the cops that you will be there....


post post post some more, cover your new road with a good chain and a big sigh. PRIVATE No Tresspassing along with your cell number. Never your home number, IT MIGHT be, however slim, that he has a map that is wrong or he thought he was leasing the land from someone I have heard of that, but if hes tesspassing, he's guilty and get him arrested. If you have the money, get a trail cam and position it so it gets a nice view of where your chain is, and where he will have to stop his rig to get out to cut your chain if he tries. Turn the flash off, and just go for the best pic you can get. it sounds like he's pretty darn brave. DON"T confront him alone, call the cops, its their job to confront.
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Old September 1, 2008, 11:29 PM   #8
dipper
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I get from the OP that his land was not originally posted so, the gentlemen in question COULD have made an honest mistake.
You would have to be pretty darn bold to do what he did on purpose and I haven't met that many people that are so bold as to do what this guy did ---knowingly.
Maybe he is a nice guy that screwed up.
Anyway, I don't know if you could get him for trespassing but when you start cutting other people's trees down and planting on their property--you're in trouble.
Take the stand, leave a note, meet the guy with witnesses and see what he's about.
Right now, you don't know much.
He may fall all over himself apologizing or he may be a jerk---I'd find out 1st before I involved the police---that's just me--opinions will vary.
I'll tell you this, law enforcement WILL ALWAYS be much more helpful and friendly to a person---even a wronged person--when they feel you are level headed and just want a potential problem addressed---if you go off half cocked or show yer a$$ as they say, chances are, you won't get the same help.

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Old September 2, 2008, 06:11 AM   #9
simonkenton
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I had a guy trespassing on my land. I found a nice ladder tree stand.
No way he didn't know he was trespassing.
I took the stand and left a note. Never heard from him again.
I still have the stand.
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Old September 2, 2008, 06:49 AM   #10
ringworm
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take the stand down and take it to a local pawn shop and pawn it for $1. put the pawn ticket in a ziplock bag and tack it to the tree with a note that says "you are tresspasing. You stand is at XYZ pawn shop" when you pick it up I will have your name and DL info. If you return here you will be prosecuted".
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Old September 2, 2008, 07:03 AM   #11
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I think you've taken the proper steps. I'd leave a friendly note and keep checking the area and give him time to clear out. If he doesn't, I'd continue to check and if/when I found him there again, I'd contact the police prior to confronting him.
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Old September 2, 2008, 07:50 AM   #12
Dearhunter61
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I have to agree with Dipper here...how many guys are going to do the type of work this guys has done if they are knowingly trespassing? I like what Dipper offered as a sugestion but I also like the idea of meeting at the police station....this would certainly temper any tempers....at least it would mine. The only thing here though is that if is in an honest mistake he might think you are trying to trap him for trespassing when he comes to get his stand. So if might not show and then be PO'd that he lost his stand. So perhaps Dipper way would be best? Just some things to think about.

I know the guy is wrong but if it was an honest mistake you do not want to create an enemy by making it hard for him to get his stand back if he wants it.
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Old September 2, 2008, 08:30 AM   #13
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Have you checked with your neighbor to explain what you found and to see if they gave anyone permission to hunt or put in a food lot on their property recently? Since the tracks came from their property it's very likely that it's someone they know who doesn't realize they are on your property. If your property is not posted this would be an easy mistake.

I agree that this definitely sounds like an honest mistake in location. Trespassers don't normally truck in heavy equipment and do major property upgrades. With $ as hard to come by these days as it is I cannot believe anyone would spend the money on gas to haul in heavy equipment, the gas to operate it, and the cost of a tree stand if they didn't honestly think they had permission to be there.


I would:

1. check with the neighbor and depending on the answer go on to step 2

2. take the stand down

3. leave a nice note letting the person know they are on private property and include a phone number for them to call you and come pick up their stand.

4. if the person calls to get their stand you can decide then if want to meet them at the police station or some other less threatening neutral location e.g. Walmart parking lot. Unless it turns out to be someone you know I don't think you should have them come to your house.

5. if nobody ever calls you'll know they knew they were trespassing all along and you'll have a new feed lot and tree stand in compensation.
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Old September 2, 2008, 10:14 AM   #14
Art Eatman
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It's an ancient cliche that, "Good fences make good neighbors." Cliches become such because of the truth in them.

Laws vary with states. In some, if land is neither fenced nor posted, a person is free to trespass with impunity. Others, no, not so.
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Old September 2, 2008, 04:51 PM   #15
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IMHO it was either a honest mistake or one of the neighbors gave him permission. I can't see someone doing all that work and spending money on a place he knew he shouldn't be.

Put up some signs and try to meet him when he comes in. Explain the situation and give him a chance to retrieve his stand. Don't involve the law unless absolutely necessary.

Slightly related, I can't believe the "he has a gun so call the cops" attitude amongst so many here. You all are already judging him a danger because of the tool he's carrying, sounds like the liberal media.
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Old September 2, 2008, 08:36 PM   #16
lockedcj7
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Thanks for all the advice and opinions. I like Ringworm's idea but I've taken a little from everyone, especially dipper. The land is posted but some of the signs are obscured by brush and not visible from the road.

I have to admit that I've been a lazy landowner for the last couple of years. I haven't been much of a presence on the back 40 and I tend to come and go from the house side, further decreasing my profile. I have deliberately let the roads grow over hoping that would discourage people on ATVs from riding back there. Instead, it looks like the owner is absentee or elderly and can't look after the place.

I walked the property line today from one end to the other and didn't find any other mischief. I cut the brush away from the signs and posted more where they are visible from the road. I also drafted a polite, but firm, note and placed it on the stand. It indicates that the stand must be removed and sets a deadline or it will be confiscated. I also included an aerial photo with the property line marked. In case he thinks he has permission, I offered to meet him at the courthouse to show him the plat and I left my cell # on the note and signs. The neighbor is an absentee owner and I doubt he gave anyone permission unless it's a son-in-law or something like that.

There is a sheriff's deputy where I work and I talked to him about it and invited him to hunt that spot. He said he would be willing to sit in the guy's stand, in uniform on opening day (if he didn't have to work). I'd pay to get a video of that encounter! He also proofed the note and said that it was non-threatening but firm.

I'm going to be much more visible on that side of the property from now on. I'm going to physically block some remaining access points with logs, post more signs and mow some selected trails so that I can get around to patrol easier. I'm also going to buy an ATV or trail bike so I can take off back there when I hear anything suspicious.

Thanks again guys.
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Old September 2, 2008, 08:41 PM   #17
dipper
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I think ya done good!!
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Old September 3, 2008, 07:33 AM   #18
Wuchak
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Sounds like you've got it under control. I suspect you'll be getting a call of apology from someone who honestly thought they had the OK to be there.

I'd look at a Polaris Ranger, Kawasaki Mule or similar. Easier to enter an exit than a regular ATV and much more versatile as a work vehicle.
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Old September 3, 2008, 04:57 PM   #19
lockedcj7
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Update:

The guy called today and was very polite, apologized all over himself and offered any number of things to make it right. As it turns out, he is a SIL (or something like that) of the neighbor and got some bad intel from his BIL about the property line. I'm going to meet with him and show him some places on his FIL's land that he didn't know about. I'm also going to walk the property line with him so there are no misunderstandings.

I think it's going to turn out to be a positive thing all around. It got me off my butt and more serious about looking after the place, he's going to get me into a bird club, we're going to talk about QDMA and we're going to help each other look out for other trespassers.

Now I'm especially glad I didn't just take the stand or leave a threatening note.
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Old September 3, 2008, 05:31 PM   #20
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Nothing like a feel-good ending!
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Old September 3, 2008, 05:56 PM   #21
dipper
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Good deal!!
You may have just made a good friend---you have one common interest already.
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Old September 3, 2008, 10:46 PM   #22
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Thanks for the update. I'm glad it all worked out. I think you chose a wise course of action and are now reaping the benefits of having done so.
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