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OnX Property Boundaries … Is this Surveying?
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We seem to have strayed from the original question. The cases I was involved in were hunters that had been notified they were on private land and chose not to believe it. The statutes are complicated to interpret perhaps. See below that Title 18 is seemingly contradicted by Title 33 which it refers to. It is more serious to trespass if you are hunting, fishing or trapping and the responsibility falls on you to know where you are.
18-4-201. Definitions.
(3) .. 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 or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land.
33-6-116. Hunting, trapping, or fishing on private property – posting public lands.
(1) 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.
From the regulatory brochure from CPW on hunting and fishing:
THE TOP 10 MOST COMMON HUNTING VIOLATIONS IN COLORADO:<br role=”presentation”> 1. TRESPASSING. 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 trespassing.
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I wasn’t calling the expectation of individual responsibility absurd.
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