I wonder why Colorado Parks and Wildlife officers are issuing tickets. Are they to hunters on what the officers think are state lands? Is it the alleged trespassers relying on OnX or the officers? Does the state clearly mark their land? I know the state wildlife management areas around me are only well marked at the entrance to the parking areas.
These were cases where an adjoining landowner was identified on the OnX map, improperly in my opinion, as the owner and they requested a ticket issued to a hunter there by permission of another adjoiner. I have had numerous conversations with wardens recommending caution in issuing tickets based on the OnX maps. I suppose that is the best resource available to them.
I suppose they could just say to the purported property owner making a complaint "where's your posted signs? Oh, you didn't mark your property lines? Then I don't have probable cause to issue a ticket, and the hunter didn't form mens rea because he/she didn't know he/she believed he/she was on a different piece of property.
In Colorado property lines are not required to be posted in order for a trespass to occur. It is the indivuals responsibility to know where they are.
In Colorado property lines are not required to be posted in order for a trespass to occur. It is the indivuals responsibility to know where they are.
How absurd.
What's to stop the supposed trespasser from insisting they know where the line is and that they're not trespassing?
Individual responsibility is in no way absurd.
So, in the cases I was involved in, the hunters had been notified they were trespassing and persisted in doing so. The statutes suggest that you may not be criminally trespassing until notified. (see below).
But the hunting rules and regulations clearly state it is the individual's responsibility to avoid trespassing on private land (also see below).
CRS 18-4-201 Except as is otherwise provided in section 33-6-116(1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person…(also includes signage in a lengthy section unquoted here)
CRS 33-6-116 It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land.
THE TOP 10 MOST COMMON HUNTING VIOLATIONS IN COLORADO:<br role="presentation"> 1. TRESPASSING. Going onto private lands without getting permission first while hunting, fishing or performing any related activity is illegal. Private lands do not need to be posted or fenced, so it can be difficult to see boundaries. Violators may be suspended for up to 5 years for trespassing.
I was involved in cases where the hunters persisted in trespassing.
See the statutes below and the CPW hunting regulations also below
CRS 18-4-201 Except as is otherwise provided in section 33-6-116(1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person…(also includes signage in a lengthy section not quoted here)
CRS 33-6-116 It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land.
THE TOP 10 MOST COMMON HUNTING VIOLATIONS IN COLORADO:<br role="presentation"> 1. <mark>TRESPASS</mark>ING. Going onto private lands without getting permission first<br role="presentation"> while hunting, fishing or performing any related activity is illegal. Private<br role="presentation"> lands do not need to be posted or fenced, so it can be difficult to see<br role="presentation"> boundaries. Violators may be suspended for up to 5 years for <mark>trespass</mark>ing.
I wasn't calling the expectation of individual responsibility absurd.
