28 replies [Last post]
CVC
CVC's picture
Offline
Grand Slam Challenge Winner!
Location: Kansas
Joined: 03/04/2006
Posts: 3586
I imagine it varies from

I imagine it varies from state to state, but I suspect many states do not have very strict penalties for trespassing on someone's land.

jaybe's picture
Offline
Grand Slam Challenge Winner!
Location: S.E. Michigan
Joined: 10/19/2010
Posts: 817
A Story about Trespassing

I remember several years ago when my cousin owned 80 acres in Northern Lower Michigan.

We hunted there each year during the first week of firearm season.

We'd go up every July 4th week to plant trees that provided food for deer & grouse, check and repost the "No Trespassing" signs, and shoot our weapons.

One particular year there were 4 of us hunting it, so we were spread out over the 80 acres of hard woods.

Opening day, a young feller came walking through - head down, noisily walking - he wouldn't have seen a deer if it jumped up 50 feet from him.

My cousin called out to him from his blind and then went over and talked to him.

He claimed he thought it was public land and didn't se any signs. (As was said in a previous post, it was impossible to enter the property without seeing at least one sign).

He was escorted off the property.

Next day, he was spotted by another of us - same story - same result.

We were there 4 days, and that guy came through each day. One time claiming he was lost.

We were probably too gracious and never turned him in - but he certainly was wasting his time and ours while he was there.  Whistling Whistling

 

ecubackpacker's picture
Offline
Grand Slam Challenge Winner!
Location: NC
Joined: 09/11/2009
Posts: 1639
Yea, you were too gracios

Yea, you were too gracios because, you can bet, that guy was hunting there everyday ya'l won't on the property. I would have turned him the second time he trespassed. No wonder you didn't see any deer. Bummer

Offline
Joined: 08/02/2010
Posts: 135
here is one to complicate it

here is one to complicate it for you! in south dakota we have a "highwater mark" law...it states that i can use the "navigable waterway" to access and hunt anywhere in the state so long as i access via a public point...meaning i can hunt within that highwater or flood water on the bank anywhere on private land if i access it from a road or other public property!

AWESOME in my opinion but not as a land owner i guess....i know i have gotten into words a few time with owners and have had to pull out the case law(i always carry a copy when i know im going to be on private land via highwater mark)

i love south dakota hunting laws

CVC
CVC's picture
Offline
Grand Slam Challenge Winner!
Location: Kansas
Joined: 03/04/2006
Posts: 3586
But how do you hunt it since

But how do you hunt it since you basically are limited to hunting the stream and the bank were there is erosion, but not above and beyond the bank of the water?  I know people that use this for fishing, but I am at a loss to see how it helps to hunt unless you use it to access public land that is landlocked by private land except by the water.

Ted Barta did a show on this before....he used maps and the water to access areas that would normally be unaccessible.

ecubackpacker's picture
Offline
Grand Slam Challenge Winner!
Location: NC
Joined: 09/11/2009
Posts: 1639
You're really pushing the

You're really pushing the envelope on the "high water mark law." I bet you have run into some pissed off landowners. You better not piss off the wrong guy...we'd hate to hear about you in one of the news blogs...

Offline
Joined: 08/02/2010
Posts: 135
it helps alot becuzz in some

it helps alot becuzz in some areas backwater and sloughs have a lots of acres of timer...floods for miles in some places. ive stuck some nice bucks around some lakes...

not pushing any envelope its the law and it protects ME not the landowner.

 

CVC
CVC's picture
Offline
Grand Slam Challenge Winner!
Location: Kansas
Joined: 03/04/2006
Posts: 3586
You made me curious about

You made me curious about this and i did a little checking, and I will admit right up front, I could be wrong, but I think you may be misinterpreting the high water mark.  I found some definitions for it and i don't think it includes areas that have had water from floods on it before, but the points that are affected by the common and usual action of the water.

Think about it for a moment.  If you can go wherever there was flood water then you could go into any private residence in New Orleans, couldn't you?

As I said, I might be wrong and maybe your state's definition is different.  I'd be interested in seeing your state's definition and the case law.  Can you provide it?  Thanks in advance.  Interesting subject and you've got me curious.

ecubackpacker's picture
Offline
Grand Slam Challenge Winner!
Location: NC
Joined: 09/11/2009
Posts: 1639
No, CVC. You can't hunt in

No, CVC. You can't hunt in cities or towns, not even in the South.

I know in NC, the state has the rights to manage it's streams up to the high water mark. But, it doesn't extend to the citizens as far as being able to hunt another person's land.

Fly, I'm saying be careful and don't cross the wrong guy even though you're right. I know some hunters around here that wouldn't put up with it happening on their land and there's plenty of ways for someone to get back at you without you knowing.  

Offline
Joined: 08/02/2010
Posts: 135
let me clarify, i am talking

let me clarify, i am talking common flooding areas...we have seasonal flooding where the water goes waaaay up every year...the state and counties build dikes and barriers so from that "flood retaining wall" to the water you can hunt or fish(basically the state has built a marker for high water mark...i will look for the law online...otherwise i will have to dig it out of my vest and copy it somehow.

and yes i know some land owners get pretty pissed...but i don't let it get me worked up and i usually have them happy when i leave...dont get me wrong i dont do this every day anymore but i did hunt evry archery season using this law. had my stands up for years with no problems.

 

Related Forum Threads You Might Like

ThreadThread StarterRepliesLast Updated
Colorado Unit 30 advicebailer202/18/2011 13:43 pm
MO Rifle season opening, are you having ANY troble with.....BowLady903/28/2006 22:10 pm
Tresspassers on Private landwonderwoman1001/03/2013 17:41 pm