Hunter Harassment
11-27-2006, 09:37 AM
#21
Boone & Crockett
Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
RE: Hunter Harassment
Typical legal gobbedly gook. What woods or brushland don't look unused and unimproved. Where i grew up, if you don't want people on your land, you post it. I like the states where folks are required to post the land at specific intervals. If you do that, you avoid all confusion.
11-27-2006, 09:49 AM
#22
Nontypical Buck
Thread Starter
Join Date: Aug 2005
Posts: 3,102
RE: Hunter Harassment
Hi Sylvan,
It should be clear from my posts that I am not an idiot.I have been sincere in expressing what I have said.If you don't want people on your property post it,end of story.Otherwise who is to say that your 10 acres didn't just become 1000 because you are anti hunting or anti walking on a mountain or anti mountain biking or antihaving anyone near you.We have many anti hunters who have no problem exaggerating their property lines.
It should be clear from my posts that I am not an idiot.I have been sincere in expressing what I have said.If you don't want people on your property post it,end of story.Otherwise who is to say that your 10 acres didn't just become 1000 because you are anti hunting or anti walking on a mountain or anti mountain biking or antihaving anyone near you.We have many anti hunters who have no problem exaggerating their property lines.
11-27-2006, 09:52 AM
#23
Senior Member
Join Date: Jul 2006
Location:
Posts: 253
RE: Hunter Harassment
ORIGINAL: Sylvan
That's a little different that what you will find on the DEC website...
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.
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.
11-27-2006, 10:18 AM
#24
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
What I was referring to when I said this is a little different is when you said "One time on property, no signs, upset landowner, call to police and landowner can follow through with charges." As I read the law it seems pretty clear thatif a person enters property that is "unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.)" and leaves immediately when the land owner tells him to then he has done nothing illegal and can't legally be arested. The landowner can file a complaint but the charge wouldn't stick. Don't you see it that way too?
11-27-2006, 10:22 AM
#25
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
Hi Sylvan,
It should be clear from my posts that I am not an idiot.I have been sincere in expressing what I have said.
It should be clear from my posts that I am not an idiot.I have been sincere in expressing what I have said.
11-27-2006, 10:28 AM
#26
Senior Member
Join Date: Jul 2006
Location:
Posts: 253
RE: Hunter Harassment
I would hope that it would work out that way if you were asked to leave and did, and what I would encourage a land owner to do, but in the case of a persistent landowner who wants you arrested, they have the right to file the complaint. Whether it sticks or not...now that is another story
11-27-2006, 10:32 AM
#27
Senior Member
Join Date: Jul 2006
Location:
Posts: 253
RE: Hunter Harassment
When in doubt get permission. Every town clerks office has a tax map listing the deeded owner of any property. If a landowner never complains...no problem, but most would appreciate being asked.
11-27-2006, 10:34 AM
#28
Nontypical Buck
Join Date: Jan 2005
Location: Upstate New York
Posts: 2,435
RE: Hunter Harassment
ORIGINAL: hunterdeneugene
I would hope that it would work out that way if you were asked to leave and did, and what I would encourage a land owner to do, but in the case of a persistent landowner who wants you arrested, they have the right to file the complaint. Whether it sticks or not...now that is another story
I would hope that it would work out that way if you were asked to leave and did, and what I would encourage a land owner to do, but in the case of a persistent landowner who wants you arrested, they have the right to file the complaint. Whether it sticks or not...now that is another story
11-27-2006, 10:37 AM
#29
Nontypical Buck
Thread Starter
Join Date: Aug 2005
Posts: 3,102
RE: Hunter Harassment
Sylvan,
No apology necessary! The whole experience still has me quite hacked off.I had no intent on breaking the law.I just wanted to hunt in peace.It was a humiliating experience.One that I don't want to repeat!
No apology necessary! The whole experience still has me quite hacked off.I had no intent on breaking the law.I just wanted to hunt in peace.It was a humiliating experience.One that I don't want to repeat!
11-27-2006, 11:04 AM
#30
Boone & Crockett
Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
RE: Hunter Harassment
That does sound kind of confusing. Its like trying to have a door-to-door salesman arrested for trespassing for entering your yard, even though you don't have a no trespassing sign.