Tresspass on non-ag land

[Moving2thecountry]

I try not to tresspass, and do not think it is fair to put the onus on a landowner to post his land.

But I note the following:

From url="http://www.paynesvillearea.com/news/sportsarticles/archives/092000/postcrpland.html"]Landowners must post CRP land[/url]:

Evans said that, based on the Rice County case, "it would have been foolish for us to send officers out to investigate trespassing complaints when, in fact, any charges filed would not hold up in court. Our enforcement actions are now consistent with the court's decision."

Also, according to SAFE TURKEY HUNTING:

However, land that is brush or trees, including CRP, CREP, and RIM Reserve that is brush or trees, (except short-rotation woody crops as defined above) does not meet this definition and must be posted or verbal notice given to trespassers for criminal enforcement to occur.
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 inch 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.

Do people actually hunt private land under these exceptions, without obtaining permission first?

[Outdoors Junkie]

I try not to tresspass, and do not think it is fair to put the onus on a landowner to post his land.



Do people actually hunt private land under these exceptions, without obtaining permission first?

I would hope not.  But, I am sure there are a few yahoo's that do.

[Mayfly]

People try everything. Trespassing happens alot!!! Believe me, my cousing Scott and I have been dealing with a lot over the last two years. We have permission to hunt some land in the metro area and the locals think they can walk out their back door and hunt wherever they want. "I have been hunting here for 20 years!" That seems to be the most common line. Or..."I got permission 10 years ago!!"

[CampYJewel]

Several years ago I had an issue with trespassers at my parents farm where we hunt.  I was living there at the time but legally I am not the land owner.  Down on one corner we do not farm it because it is lower land with lots of brush a trees.  Anyway a party of about 15+ people all lined up and started to drive the woods.  My neighbor happened to drive by and came and asked me about it.  So I went down and asked them if they had permission to hunt this land.  They said they had talked to someone up in the house.  Well it was not me and I could not believe my dad would let anyone he did not know do a big drive.  After going back to the house and finding out he did not ask I went back and confronted them again.  By then they must of called every one back because they were starting to file out of the woods.  The guy was just a pure Jacka**  He tried to say the land was not posted, which it was not but legally it is agricaltural land and did not need to be at the time.  Just trying to abuse the system!!!!

[beeker]

this is part of the tresspass "rule" from the reg book...
Any entry onto the private property of another without permission is considered
trespass. Landowners may be able to pursue court action against trespassers
whether the property is posted or not.

if you don't know who's land it is or where property line is, then you probably shouldn't hunt there.

I've had people try to toss me off of land before when they had no idea who's land it was... this one guy in SD one year tried it with my uncles property... all i said was "we can go talk to my uncle if you want?" he wouldn't come with me.. wonder why

[stevejedlenski]

if you think of how many people "road hunt" there is probably 200 times that, that will trespass on someones land. i wish there were stiffer penalties for this, i think its only $50 right now.

[jkcmj]

This fall as I passed our back field I thought I saw someone down in the bottoms by the creek.  I went down with the ATV and came across 5 "Green" college kids picking rocks in the creek bottom.  No car, no plan just out to be in nature I guess.  I just let them be as they seemed not to be hurting anything.  About 5 hours later I went out to do some fencing and there they were laying out in the hayfield.  A strange bunch to say the least, but our land was not posted and likely they didn't know anything or care about property rights.  The second time I think the added attention and more pointed questions about what they were up to got them nervous and they dug their bikes out of the woods and peddled off. 

Now if it were hunting season...that would be another story all together.

[beeker]

the problem with road hunters is how do you catch em? the dnr sets up the decoys but the state only has around 150 co's and when you think firearm deer has almost 350k deer licenses sold each year how do they police it all? I think with trespassing a sheriff or local PD can issue a citation.

[guythathunts]

What do you all think of hunting ditches for ringnecks?

[beeker]

it's legal to do that in SD where I pheasant hunt... as long as your walking the ditch and not shooting out of your truck window.

[JCAMERON]

Are you referring to " road hunting"? Like driving around in a vehicle looking for birds then getting out and going after them?  

[beeker]

I guess my definition of a road hunter is someone shooting out of the truck window onto private property or evan somthing in the ditch.. but they're shooting from their vehicle. I'm not sure on the regs for this in minnesota. without looking it up I thought you couldn't hunt the roadways in this state? I'll have to look it up

[sjohnnie26]

"road hunting" to me is when you drive around and look for them in the ditches/roads/fields and then get out and try to flush them and get a shot.  Of course if they are on posted land you leave them be, but I thought ditches were open to everyone as long as your not shooting from the actual road.
Depends on the state I'm sure

[Bobby Bass]

I guess my definition of a road hunter is someone shooting out of the truck window onto private property or evan somthing in the ditch.. but they're shooting from their vehicle. I'm not sure on the regs for this in minnesota. without looking it up I thought you couldn't hunt the roadways in this state? I'll have to look it up

It is illegal to shoot from a car in MN unless you have a permit ( disability) also illegal to shoot across roadways. A road hunter is one who drives roads to spot birds and then pursues them on foot. At least that is what we have always called road hunters who are slow rolling the back roads. Someone who shoots from there car is not a hunter.

[HUNTER2]

I had a guy shoot a coyote on my land from the highway last year. That didn't bother me too much, but if it was a pheasant or deer I would have turned him in.

[guythathunts]

I'm not talking shooting from a car. I am talking about spotting one in the ditch, or finding a well covered ditch and walking it as you would a field. you can leagaly hunt the ditch, but some frown uppon it. I don't. I like to do it. It can be effective and it is legal.

[beeker]

I don't see an issue with driving the roads and looking for em.. then getting out and trying to get em.. but the shooting from a truck was kinda how I took the "road hunter".. maybe we should call it "road spotting" for driving until you see em then trying to get em.

[stevejedlenski]

97B.055 DISCHARGING FIREARMS AND BOWS AND ARROWS.
Subdivision 1.Restrictions related to highways.(a) A person may not discharge a firearm or an arrow from a bow on, over, or across an improved public highway at a big game animal. A person may not discharge a firearm or bow and arrow within the right-of-way of an improved public highway at a big game animal. The commissioner may by rule extend the application of this subdivision to the taking of migratory waterfowl in designated locations

no you cant hunt the ditches, also you may want to check your county ordinaces as well. im sure they will have one stating setbacks from roadways.

[sjohnnie26]

Steve, your post is about "big game" and highways.
what about small game and country roads, ditches?

[stevejedlenski]

didnt catch that ill look

[beeker]

I know that SD allows this as long as your not by livestock, or occupied building

[sjohnnie26]

"I know that SD allows this as long as your not by livestock, or occupied building" -Beeker

So does Kansas I guess I've never done it in MN so I'm curious whats allowed here.

[beeker]

I don't pheasant hunt minnesota so I guess I don't know, but I've never thought twice about it with grouse on logging trails or minimum maintance roads (provided your next to public lands)

[JCAMERON]

I'm pretty sure you can even take big game on a minimum maintenance road.

[guythathunts]

Highways? Now that would be interesting.                

[Auggie]

      In Mn you can stand on, in, or beside any road as long as you are not endangering any on coming traffic, and take small game in the right of way, on the road, even across the road. Big game however is a definite no. I had this conversation numerous times with my uncle. He is now a retired MN CO. What he said is they do not like to see it, and if some one does it, they most likely will trespass to retrieve a downed bird at some point. Now unless the law has changed in the last 3 years I believe this to be correct unless someone shows me otherwise. Since Steve sleeps with his regulation book under his pillow, I am sure he will find it for us!