Author Topic: trespassing (Read 3977 times)

beeker · « **on:** October 25, 2009, 10:56:23 AM »

I was reviewing the trespassing laws today, there are more people hunting around us and wanted to make sure I was up to date on the law and that my land was posted properly. I was originally under the impression that if you shot a deer and it ran onto the neighbors property it could legally be retreived. but from what I read below on the DNR regs. I interpret this now to say that since all the land is posted around us no one is "legal" in retreiving a downed deer from the others property? I thought it used to be that if you wounded a deer you were allowed to retreive it? am I just off on this? I would expect someone to come get their deer if it wandered over shot up regardless of where it was.

Exceptions
• A person on foot may, without permission, enter land that is not
posted to retrieve a wounded animal that was lawfully shot, but
may not remain on the land after being told to leave.
• A person on foot may, without permission, enter private land
without a firearm to retrieve a hunting dog. After retrieving the
dog, the person must immediately leave the premises. This exception
does not authorize the taking of the wild animal.

Randy Kaar · « **Reply #1 on:** October 25, 2009, 11:14:15 AM »

Looks like if it is posted, you cannot enter the property without permission if it is properly posted.
If I remember right, A few years ago, You could enter the property without permission to retrieve
a deer. I love the DNR rule book.... Its all clear as mud..

randy

MNBucKKiller · « **Reply #2 on:** October 25, 2009, 06:14:41 PM »

Quote from: Randy Kaar on October 25, 2009, 11:14:15 AM

Looks like if it is posted, you cannot enter the property without permission if it is properly posted.
If I remember right, A few years ago, You could enter the property without permission to retrieve
a deer. I love the DNR rule book.... Its all clear as mud..

randy

You can go on private land to retrieve a deer. Look at exception #1. Its legal until you get told to leave... then just call the DNR they will come out and assist you in retriving the deer legally.

Randy Kaar · « **Reply #3 on:** October 25, 2009, 06:20:05 PM »

If it is posted accordimg to the way I read it... You can not enter that property.

randy

beeker · « **Reply #4 on:** October 25, 2009, 07:02:01 PM »

I agree randy if the land is posted you can't go near it.. and the dnr isn't able to make someone let you on their land..

HD · « **Reply #5 on:** October 25, 2009, 07:04:22 PM »

O-O-O-O......I know this one......

You are correct Randy, if it is posted you have to ask permission to gain access.
If the land owner does not give you access, you call the DNR and they will take it from there.

Randy Kaar · « **Reply #6 on:** October 25, 2009, 07:58:44 PM »

I am maybe right for once!

I was gonna mention the CO if the owner wouldnt give
you access. But the owner could tell the CO he shot it and you would be SOL...

randy

Cody Gruchow · « **Reply #7 on:** October 25, 2009, 08:05:17 PM »

even the CO cant force his way onto someones private property.....

beeker · « **Reply #8 on:** October 25, 2009, 09:07:32 PM »

cody.. I'm pretty sure your right. I don't think a CO can make you open up your property to let someone wander around for a animal that may or may not be there.

Cody Gruchow · « **Reply #9 on:** October 25, 2009, 10:46:21 PM »

only thing he can do is try to reason with the land owner other wise the other guy is SOL

cobb · « **Reply #10 on:** October 25, 2009, 11:05:45 PM »

Quote from: beeker on October 25, 2009, 09:07:32 PM

cody.. I'm pretty sure your right. I don't think a CO can make you open up your property to let someone wander around for a animal that may or may not be there.

Don't know this for sure, but I believe it is a judgment call on the CO. If there is positive proof of the animal being shot on legal property and traveled onto posted property, there is a massive blood trail or even the downed animal can be seen, the CO can retrieve the animal. I think that to be true, but am not certain.

My question would be. If there is positive proof of the animal being shot legally and a land owner denies access, wouldn't that land owner be responsible for that animal, or the waste of that animal?

Cody Gruchow · « **Reply #11 on:** October 25, 2009, 11:25:32 PM »

those are good questions but if he wasnt the one that shot it then no he couldnt get in trouble for anything, because even denying access doesnt leave him responsible for that deer/animal and landowners get free doe tags in select areas i beleive and its only one. maybe he has a deer license also and just tags that deer. see where im going. and no im still 90% sure if they CO sees the blood trail or the animal he still cant gain access without permission, regardless if its a CO or not its still tresspassing.

its a real crapty situation but it does happen, thats why you should get along with your neighbors.

HD · « **Reply #12 on:** October 26, 2009, 03:31:38 AM »

I didn't say anything about a CO forceing his way onto a property......geeze
The CO can talk to the land owner, and ask for permission, if that does not work then he (the CO) can get a sherriff involved.

Odds are, it will never go that far anyway. Just be polite, and ask nicely.

BiggA · « **Reply #13 on:** October 26, 2009, 05:26:18 AM »

I went over a scenario like this in hunters ed class. If the animal can be seen and the owner refuses to let you retrieve it and you call the CO one of 3 things will happen. 1 the owner lets you get the animal. 2 the land owner legally tags the animal with a tag he has. 3 the CO can and will charge the landowner with wanton waste and will then retrieve the animal after issuing the citation. This was all if the animal could be seen however so I dont know about a blood trail.

deadeye · « **Reply #14 on:** October 26, 2009, 08:14:14 AM »

As a land owner, I would welcome anyone trailing a wounded deer onto my property. Actually I wish neighbors would put more effort into locating wounded deer that enter my property. Over the past several years, I know of half a dozen deer wounded on adjacent property that we either found dead or killed. With some investigation, most of these could be backtracked to where they were wounded or crossed onto my property. I usually try to get back to the source of the wounding and most often the excuses for not following up are pretty weak. "It was late and it didn't look like I hit it", "It ran off like I missed", "didn't see any sign of a hit when we looked", "It was too far and we didn't know where it was/went when we shot", "we trailed for a while but decided it wasn't mortally wounded". Maybe some of this is my fault. I keep asking neighbors to not shoot little bucks and half to the ones we found were little bucks. Perhaps they were embarrassed to follow up on a wounded little buck on my property. Of course, seeing a deer run onto my property doesn't automatically make it a "wounded" deer. There should be some sign your are following.

MNBucKKiller · « **Reply #15 on:** October 26, 2009, 09:46:05 AM »

I've been in the situation before, I shot a doe on our land crossed the driveway into my neibours land (who is totally against hunting, which has led to problems before). I just looked for it I never asked but it was clearly shot on our side of the fence because the fence was plastered in blood... if he would've confronted me I would have called a local CO or shariff and check out my options from there. Legal or not I didn't care.

My motto- what he doesn't know won't hurt them :)

KTapper · « **Reply #16 on:** October 26, 2009, 09:51:11 AM »

I wouldn't have asked either because you don't have too. Plus you want to get to that deer as fast as you can before something else does.

dakids · « **Reply #17 on:** October 26, 2009, 10:03:36 AM »

I don't know if it is still this way but it used to be that if it was agriculteral land (crop fields) the farmer didn't need to post it and if you went into the field you would be trespassing and could get fined even though there were no signs.

I always ask before the season starts. Makes it easier and gives you a reason to meet and

with the neighbors. If they say no the first year, try the following year. After a few years of

or just saying hi they might change there minds. It doesn't cost you anything to ask and could help the relations in a few cases.

beeker · « **Reply #18 on:** October 26, 2009, 05:46:15 PM »

I wouldn't stop someone from finding their deer i would probably help em.. in wisconsin 2 years in a row I finished the neighbors kids doe off for him... (different topic)..

I've been reading up on this and the trespassing law is so freakin open ended in it's wording that it would be difficult to enforce in some situations. in one part it states that for agricultural purposes a fence is sufficient to indicate no trespassing. but then it goes on to say it should be posted in the corners and round and round. for me personally I try to be a good neighbor and expect the same courtesy from my neighbors when it comes to tresspassing. but it would be nice to have a law in place that is clear and protects both parties involved.

In my searching I found that there is also a law that protects land owners from liability if they allow a hunter to use their property and they were to be injured. which I didn't know about before. (604a.20 is the law if you care)

HUNTER2 · « **Reply #19 on:** January 06, 2010, 12:03:17 PM »

I have the number right on my signs. If one of the neighbors shoots a deer I would like a call first. This year I found human tracks going across my land that were following a blood trail and didn't receive a call. It just pissed me off thats all. Just takes a couple seconds to call.

beeker · « **Reply #20 on:** January 06, 2010, 06:15:20 PM »

my buddy just put up his first trail cam.. (didn't tell the neighbors) they hunted his place all week long.. then on the weekends when he was there they were freindly. he said next year he's going to show up during the week just after shooting time when they're in his stands.

Randy Kaar · « **Reply #21 on:** April 15, 2010, 12:13:45 PM »

We just got permission to hunt 100 acres in Red Wing, The elderly lady that owns the property has been problems with trespassers. We want to post the property, I checked the DNR site and cant find the posting info. I thought it was every 1000 feet. Any info from you land owners?

thanks
randy

schwinger · « **Reply #22 on:** April 15, 2010, 12:37:06 PM »

(4) either:

(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded area where boundary lines are not clear, at intervals of 500 feet or less; or

(ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.

Randy Kaar · « **Reply #23 on:** April 15, 2010, 12:47:16 PM »

Thanks!

randy

beeker · « **Reply #24 on:** April 24, 2010, 11:08:54 PM »

randy... this is copied out of the reg book.. also it says that agriculture land that is fence does not need to have signs posted.

to be legally posted, land must have signs:
—
posted once each year that state “no trespassing” or similar terms
either:
1) along the boundaries every 1,000 feet or less, or in wooded
areas where boundaries are less clear, at intervals of 500 feet or less; or
2) at the primary corners of each parcel of land and at access roads
and trails at points of entrance to each parcel, except corners only
accessible through agricultural land need not be posted.
—with lettering at least 2 inches high and the signature or the legible
name and telephone number of the owner,occupant,lessee, or authorized
manager. An unauthorized person may not post land with signs
prohibiting outdoor recreation or trespass.
• Notification to stay off private land, authorization to remove a sign
posted to prevent trespass, or legal permission to enter private
land or to take wild animals near occupied buildings or corrals, may only be
given by the owner,occupant,or lessee.

Randy Kaar · « **Reply #25 on:** April 25, 2010, 07:44:07 AM »

Thanks!

randy