Hunter Harassment
11-26-2006, 09:02 PM
#11
Boone & Crockett
Join Date: Feb 2003
Location: Ponce de Leon Florida USA
Posts: 10,079
RE: Hunter Harassment
tsoc I can understand most of your post, but I have a hard time understanding the idea that just because you don't see a posted sign it gives you the right to hunt any property. Why seek permission, just go hunting anywhere you don't see a sign. I think you should have written permission in your posession for any property you hunt, otherwise you are tresspassing/poaching.
11-27-2006, 06:10 AM
#12
Nontypical Buck
Thread Starter
Join Date: Aug 2005
Posts: 3,102
RE: Hunter Harassment
I appreciate your opinion but I don't necessaarily agree.My specific example took place in a mountainous rugged area,not in a subdivision.If you don't want people going on your land than post it properly.In the area that my circumstance took place in I walk the boundaries of posted land to get to other land or to state land,I could more easily walk throughthe posted propertyand the only one that would know is myself yet I traverse steep slopes to not cross posted property.
The woman that gave me a difficult time didn't even own the land that she was adament in keeping me off of,it is neither here nor there but in the last couple of days I have come to find that she is not even a land owner.The bottom line of this situation is that she is anti hunting and she is looking to exert control where she has no right to do so.
The woman that gave me a difficult time didn't even own the land that she was adament in keeping me off of,it is neither here nor there but in the last couple of days I have come to find that she is not even a land owner.The bottom line of this situation is that she is anti hunting and she is looking to exert control where she has no right to do so.
11-27-2006, 07:39 AM
#13
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
ORIGINAL: timbercruiser
tsoc I can understand most of your post, but I have a hard time understanding the idea that just because you don't see a posted sign it gives you the right to hunt any property. Why seek permission, just go hunting anywhere you don't see a sign. I think you should have written permission in your posession for any property you hunt, otherwise you are tresspassing/poaching.
tsoc I can understand most of your post, but I have a hard time understanding the idea that just because you don't see a posted sign it gives you the right to hunt any property. Why seek permission, just go hunting anywhere you don't see a sign. I think you should have written permission in your posession for any property you hunt, otherwise you are tresspassing/poaching.
11-27-2006, 08:08 AM
#14
Join Date: Apr 2005
Location: Missouri
Posts: 1,429
RE: Hunter Harassment
I think he posted that he was in Pensylvania. Anyway.
I had a run in with an AntiHunter on my land once. It wasn't pretty to say the least. I kept telling the fellow that he was tresspassing and his response was: "I'm working for a higher power than the Law!" I don't know what that meant but his higher power thought it prudent to confront an armed landowner on his land, and to call an alfalfa field "Bait". Whats next?
The sad thing is, that common sense and knowledge are useless in this battle. Its completely about feelings and emotions with them.
I had a run in with an AntiHunter on my land once. It wasn't pretty to say the least. I kept telling the fellow that he was tresspassing and his response was: "I'm working for a higher power than the Law!" I don't know what that meant but his higher power thought it prudent to confront an armed landowner on his land, and to call an alfalfa field "Bait". Whats next?
The sad thing is, that common sense and knowledge are useless in this battle. Its completely about feelings and emotions with them.
11-27-2006, 08:20 AM
#15
Fork Horn
Join Date: Dec 2005
Location: Alton, NH
Posts: 129
RE: Hunter Harassment
We get those calls all the time! I tell those type of people to get BENT!!! Cordial as possible!! They annoy the bag out of me! The lord says that we can hunt his creatures that hooves are divided into two cloves and eat the grasses of our land!!!
HUNT OR DIE!!!
HUNT OR DIE!!!
11-27-2006, 08:46 AM
#17
Nontypical Buck
Thread Starter
Join Date: Aug 2005
Posts: 3,102
RE: Hunter Harassment
Hi Sylvan,
I am a New York state resident and that is where I was hunting at the time.If you are able to direct me to the law that specifies that an individual must have written permission of the land owner I would appreciate it.As a result of this experience I have an increased sensitivity to these type's of issues.
I wasn't aware that written permission was required.As I had mentioned in my post I came out of the woods and went directly to the Police Station where they indicated to me that if the land wasn't posted I couldn't be prevented from entering it.I wonder if the police department's interpretation of property laws are wrong? If asked by a landowner to leave a property I certainly would,I would ask though that they give me some sense of their property boundaries.I still think that properly posting is the thing to do.It removes all question as to whose land is whose and where the property lines are.
I don't know if I mentioned it previously or not,at the time I encountered this non land owning woman I was on a mountain road (four wheel drive type stuff)a number of landowners have a rightaway on this road,one of which I had permission to be on it from.I exited through a piece on non posted private property to avoid altercation.
I am far from perfect but I have no problem hunting on land that is not posted,provided it is in remote settings.I have had many instances where I have hoofed to a mountain top to run in to a string of posted signs,while I wasn't thrilled about not being able to go further I always respected the landowners rights.
I intend to become intimately familiar with all state owned and publicly accessibleproperty in our area as well as finding out as much as I can about the contiguos property owners of land that I have permission to hunt.
I am a New York state resident and that is where I was hunting at the time.If you are able to direct me to the law that specifies that an individual must have written permission of the land owner I would appreciate it.As a result of this experience I have an increased sensitivity to these type's of issues.
I wasn't aware that written permission was required.As I had mentioned in my post I came out of the woods and went directly to the Police Station where they indicated to me that if the land wasn't posted I couldn't be prevented from entering it.I wonder if the police department's interpretation of property laws are wrong? If asked by a landowner to leave a property I certainly would,I would ask though that they give me some sense of their property boundaries.I still think that properly posting is the thing to do.It removes all question as to whose land is whose and where the property lines are.
I don't know if I mentioned it previously or not,at the time I encountered this non land owning woman I was on a mountain road (four wheel drive type stuff)a number of landowners have a rightaway on this road,one of which I had permission to be on it from.I exited through a piece on non posted private property to avoid altercation.
I am far from perfect but I have no problem hunting on land that is not posted,provided it is in remote settings.I have had many instances where I have hoofed to a mountain top to run in to a string of posted signs,while I wasn't thrilled about not being able to go further I always respected the landowners rights.
I intend to become intimately familiar with all state owned and publicly accessibleproperty in our area as well as finding out as much as I can about the contiguos property owners of land that I have permission to hunt.
11-27-2006, 09:12 AM
#18
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
Hi Sylvan,
I am a New York state resident and that is where I was hunting at the time.If you are able to direct me to the law that specifies that an individual must have written permission of the land owner I would appreciate it.
I am a New York state resident and that is where I was hunting at the time.If you are able to direct me to the law that specifies that an individual must have written permission of the land owner I would appreciate it.
11-27-2006, 09:25 AM
#19
Senior Member
Join Date: Jul 2006
Location:
Posts: 253
RE: Hunter Harassment
let me see if I can help. I am a police officer in NY State and hunted all my life here. It is a crime to trespass on anothers property without permission under both the Penal law and Encon Laws, if the landowner wants to pursue those charges, he is well within the law to do so, even if no posted signs are present. Over the years its become mistaken information that if land wasn't posted it was free to go on it , or that posted signs had to be placed every few feet to be legally posted...not true. One time on property, no signs, upset landowner, call to police and landowner can follow through with charges. Tresspass is a violation to include a fine and up to 15 days in jail. If you are told by a landowner to leave and come back, charges could increase. You do not have to have written permission in NYS, but the DEC puts out ownership cards and iterases all doubt if a conflict arrises. Now some good news to help you out , in NY state it is a crime to harass a hunter while in the field and the DEC Encon officers are more than happy to respond and investigate these matters also. Alot of local police agencies are not as educated as they should be on ENCON laws, but there is only so much one can do with manpower limitations and education, but thats for another time and place. I had a personal experience while goose hunting on land I had permission to be on and a neighbor was upset because we were shooting her geese and she was feeding them all summer. She threatened that if we shot any geese coming off her property , she would shoot us herself. Unfourtunatley it was during the Bucky Phillips manhunt so an Officer couldn't respond right away, but said as soon as they could free one up if we wanted to pursue charges for hunter harassment they would send one to us. They did call the violator and advised them they were violating the law by harassing us and that the geese were'nt owned by anyone, and it was illegal to feed the geese. They didn't continue so we didn't pursue it any further. Just food for thought.
11-27-2006, 09:32 AM
#20
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
ORIGINAL: hunterdeneugene
let me see if I can help. I am a police officer in NY State and hunted all my life here. It is a crime to trespass on anothers property without permission under both the Penal law and Encon Laws, if the landowner wants to pursue those charges, he is well within the law to do so, even if no posted signs are present. Over the years its become mistaken information that if land wasn't posted it was free to go on it , or that posted signs had to be placed every few feet to be legally posted...not true. One time on property, no signs, upset landowner, call to police and landowner can follow through with charges. Tresspass is a violation to include a fine and up to 15 days in jail. If you are told by a landowner to leave and come back, charges could increase. You do not have to have written permission in NYS, but the DEC puts out ownership cards and iterases all doubt if a conflict arrises. Now some good news to help you out , in NY state it is a crime to harass a hunter while in the field and the DEC Encon officers are more than happy to respond and investigate these matters also. Alot of local police agencies are not as educated as they should be on ENCON laws, but there is only so much one can do with manpower limitations and education, but thats for another time and place. I had a personal experience while goose hunting on land I had permission to be on and a neighbor was upset because we were shooting her geese and she was feeding them all summer. She threatened that if we shot any geese coming off her property , she would shoot us herself. Unfourtunatley it was during the Bucky Phillips manhunt so an Officer couldn't respond right away, but said as soon as they could free one up if we wanted to pursue charges for hunter harassment they would send one to us. They did call the violator and advised them they were violating the law by harassing us and that the geese were'nt owned by anyone, and it was illegal to feed the geese. They didn't continue so we didn't pursue it any further. Just food for thought.
let me see if I can help. I am a police officer in NY State and hunted all my life here. It is a crime to trespass on anothers property without permission under both the Penal law and Encon Laws, if the landowner wants to pursue those charges, he is well within the law to do so, even if no posted signs are present. Over the years its become mistaken information that if land wasn't posted it was free to go on it , or that posted signs had to be placed every few feet to be legally posted...not true. One time on property, no signs, upset landowner, call to police and landowner can follow through with charges. Tresspass is a violation to include a fine and up to 15 days in jail. If you are told by a landowner to leave and come back, charges could increase. You do not have to have written permission in NYS, but the DEC puts out ownership cards and iterases all doubt if a conflict arrises. Now some good news to help you out , in NY state it is a crime to harass a hunter while in the field and the DEC Encon officers are more than happy to respond and investigate these matters also. Alot of local police agencies are not as educated as they should be on ENCON laws, but there is only so much one can do with manpower limitations and education, but thats for another time and place. I had a personal experience while goose hunting on land I had permission to be on and a neighbor was upset because we were shooting her geese and she was feeding them all summer. She threatened that if we shot any geese coming off her property , she would shoot us herself. Unfourtunatley it was during the Bucky Phillips manhunt so an Officer couldn't respond right away, but said as soon as they could free one up if we wanted to pursue charges for hunter harassment they would send one to us. They did call the violator and advised them they were violating the law by harassing us and that the geese were'nt owned by anyone, and it was illegal to feed the geese. They didn't continue so we didn't pursue it any further. Just food for thought.
Q. Must I post to keep people off my property?
A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately.
here's the link... http://www.dec.state.ny.us/website/dfwmr/sportsed/posting.html
...so clearly in NY there are special circumstances where it's o.k. to enter private property even without the expressed permission of the owner.