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not-my-real-name
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As I travel the highways in my town I find myself focusing on these ƒ??postedƒ? signs, seemingly everywhere, warning others that hunting, fishing or trespassing is not allowed. In doing this I am aware that I am missing all the tranquil beauty of simply travelling on the highway. Curious as to why this was such a common practice I asked a hunter, why are there so many of these ƒ??postedƒ? signs?
?ÿ
The explanation I received was that owners of private land must warn others of their rights, or otherwise have hunters and other trespassers enter upon their land for whatever purpose. This person even suggested that the signs need to be placed every fifty (50) feet apart to ensure no hunting would take place on their land. These statements cannot be further from the truth.
?ÿ
Using an analogy, why would you need to place signs on your vehicle warning others not to steal it, drive it without permission, or break the windows? It has always been common law and common sense that private property is private. Land in private ownership and even some public land are already governed by laws against trespass. So, why the need for all these signs that are mostly nailed to trees that are in the public way?
?ÿ
The law is very specific on the crime and punishment for trespass. There is in fact no need to place signs alerting others of your rights. Those that think trespass is allowed if there is no sign stating otherwise are wrong. Ignorance of the law is not an excuse.
?ÿ
Ironically, most of the signs warning against trespass are nailed to trees that are in the public way, but posting signs on trees in the public way is a crime. The first version of the law protecting public trees was enacted in 1899. Anyone placing ƒ??ƒ??a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town, or from the department in the case of a state highway, shall be punished by a fineƒ??ƒ?
?ÿ
In conclusion, you may voluntarily ƒ??postƒ? your land, however, it is unlawful to place these, or any other sign, in the public way. Find out where your land boundary is with regard to the highway and post it there.

?ÿ


Historic boundaries and conservation efforts.

 
Posted : October 13, 2020 3:54 pm
holy-cow
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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.


 
Posted : October 13, 2020 4:14 pm
Norman_Oklahoma
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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


 
Posted : October 13, 2020 4:16 pm
jt50
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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.


 
Posted : October 13, 2020 4:55 pm
aliquot
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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


 
Posted : October 13, 2020 5:13 pm

eddycreek
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Posted : October 13, 2020 5:38 pm
james-vianna
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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

?ÿ

?ÿ


 
Posted : October 13, 2020 6:06 pm
not-my-real-name
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@aliquot

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


Historic boundaries and conservation efforts.

 
Posted : October 13, 2020 6:18 pm
mathteacher
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Note the extreme variation in state laws:

https://www.grammarphobia.com/blog/2011/07/posted.html

?ÿ


 
Posted : October 13, 2020 6:21 pm
not-my-real-name
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@jt50

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.


Historic boundaries and conservation efforts.

 
Posted : October 13, 2020 6:28 pm

not-my-real-name
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@mathteacher

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.


Historic boundaries and conservation efforts.

 
Posted : October 13, 2020 6:38 pm
not-my-real-name
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@james-vianna

After reading what Math Teacher posted I realize there are variations...


Historic boundaries and conservation efforts.

 
Posted : October 13, 2020 6:42 pm
holy-cow
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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.


 
Posted : October 13, 2020 7:19 pm
paden-cash
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Posted by: @holy-cow

...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.


 
Posted : October 13, 2020 8:03 pm
duane-frymire
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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..


 
Posted : October 14, 2020 5:36 am

paden-cash
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Oklahoma is a funny place for "trespassing" in a legal sense.

We have a law against "recreational trespass".?ÿ This does NOT require the use of a vehicle to break this law.?ÿ ?ÿWe also have a law against "aggravated recreational trespass".?ÿ?ÿBreaking this law usually DOES require a vehicle.

?ÿ

Here's one statute.?ÿ The hyperbole is mine (concerning "posted" property):

21 OK Stat ?? 21-1835.5 (2015)

It shall be prima facie evidence that a person is on land for a recreational use if the person is on the land of another without other explanation.

1. The absence of posting shall not by itself be sufficient to imply consent.

2. Consent shall not be implied if the land is posted.

3. It shall be the obligation of the recreational user to establish implied consent as an affirmative defense.

?ÿ

My interpretation is that trespassing in Oklahoma is being somewhere "you got no damned business" being.?ÿ

?ÿ

BTW: I believe there is a law in Oklahoma which requires an old wore out tire to used when "posting" property.

?ÿ


 
Posted : October 14, 2020 6:29 am
jph
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Not always the case

"Maine operates under an implied permission structure, meaning that if land is not posted, it is legal to use the land."

https://www.maine.gov/ifw/programs-resources/outdoor-partners-program/explore.html

?ÿ

"Barring a town regulation, in Massachusetts you donƒ??t need permission to hunt on private land that is not posted against trespass."

https://www.mass.gov/service-details/hunting-on-private-property-in-massachusetts


 
Posted : October 14, 2020 6:41 am
holy-cow
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Forty beer bottles and a pile of rotting fileted fish carcasses.?ÿ Don't get me started on trespassing fishermen.


 
Posted : October 14, 2020 6:58 am
mathteacher
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Of course, trespassing on old people's property or trampling on their rights in any way is very dangerous.

https://1funny.com/elderly-gangsters/

?ÿ


 
Posted : October 14, 2020 7:27 am
csk21
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I find that its more to prevent someone from feigning ignorance after they get caught...The family farm borders a large tract of state land.?ÿ Between our posted signs and the yellow painted and blazed line you'd think someone would have to be blind to wander across the line but we kick off 10-15 trespassers every single year.?ÿ They all have the same excuse... just play dumb..."I didn't know it was private"


 
Posted : October 14, 2020 7:28 am

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