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It has come to my attention repeatedly that hunters from other states either never attended school or simply failed their classes in reading comprehension.?ÿ There is no benefit in putting up such signs or painting fence posts purple (a no hunting signal in certain areas).?ÿ The only thing they understand is buttchewing and visits from game wardens and sheriff deputies.?ÿ One fool from a state that borders the Gulf of Mexico admitted he had more game on the several thousand acres of land he owned than he could shoot in his lifetime.?ÿ It's just more fun to get drunk and recklessly trespass on the land of someone else you don't know.
I think it is quite reasonable to have to put out something that lets a person roaming in the woods know that they have passed onto private property.?ÿ There is a difference between trespassing on the "curtilage" and trespassing on land very remote from the owners home base.?ÿ ?ÿ
While walking in the woods while hunting, the hunter may not even know that he has entered private lands. I doubt it very much that private owners of large tracts of land are able to fence off their boundaries effectively.
It is obvious that a car is private property, but how is one to know that a patch of woods is private without some kind of notice? Hurricane fencing would work too,?ÿ but its much more expensive and it it would keep the prey out too.?ÿ
Also, in some areas there is a presumption that hunting is allowed on remote private property if it is not posted.?ÿ
not an attorney here but my laymans understanding is you have to give "constructive notice" i.e. they need to know in advance the land is private and they are not allowed. Also my understanding if an owner finds you on his land?ÿ (not posted) and tells you to leave which you do, its going to be a tough case against you so you may be unlikely to get arrested and prosecuted by a DA. Now if you stay after being told to leave that's more serious hence the reasons for the signs you have been told and given notice
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I would not assume that any vacant land was not privately owned. I would not wander around for any reason thinking that I am not trespassing. It is hard to imagine anyone being so clueless.?ÿ
The posting of signs in the public way is as much a violation of the law as is trespass. Those who benefit from trespass undoubtedly were the ones who made this presumption. Posting is not required by law here.?ÿ
It seems irresponsible to be wandering around without knowing where you are. Maybe there is wilderness where you are. Around here all land is privately owned. Perhaps it should be the wandering hunter's responsibility to ask permission.
Thank you. So, there are some states requiring the "POSTED" signs. It is not a law here. Although the law is specific that nailing signs to the trees in the public way is a violation and a punishable offense.
After reading what Math Teacher posted I realize there are variations...
My experience has been that those who are the most prone to trespass do so at will.?ÿ There could be signs every five feet and they would ignore them.?ÿ We even had a case in our county where a fellow from a few hours away erected a rather expensive/elaborate deer stand on property that he knew was not a part of the land that he had paid to lease for hunting.?ÿ When the landowner discovered the deer stand he took it apart, removed it and made sure no one else knew where he had put it.?ÿ The trespasser returned to discover his investment missing so he went straight to the law and brought charges against the landowner for theft.?ÿ Let's just say it got very messy.?ÿ Mr. Trespasser was willing (read that as "able") to spend far more on lawyers than the landowner AND spent far more than the value of the deer stand to get it returned to him.?ÿ Fortunately, he has never repeated that stunt on that same property.?ÿ The process lead to the landowner having a survey made to confirm the exact location of his tract so he could install a ridiculous number of signs.?ÿ BTW, the stand was very far into the wrong property so it wasn't an issue of being in the wrong by just a few feet.
Believe it or not I happen to have a similar deer stand that some fool installed on my property about 10 years ago.?ÿ Bet he was a tad shocked that it was missing when he showed up pre-dawn one day.?ÿ No one has ever come to claim it.
...Believe it or not I happen to have a similar deer stand that some fool installed on my property about 10 years ago.?ÿ Bet he was a tad shocked that it was missing when he showed up pre-dawn one day.?ÿ No one has ever come to claim it.
We've found two on the Cash woodlot in the last ten years.?ÿ My brother is a little more impish than you...he leaves the deer stand but cuts the ladders down.?ÿ No one has ever come to claim them either.
Public policy in ny to encourage private owners to allow recreation on private land.?ÿ Hence, not trespassing to enter unimproved lands. And general obligations law gives landowners a break on liability concerns to back it up. More and more land being posted because of some who abuse the privilege by poaching, leaving trash, etc..
