eyesandgillz
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RE: Anyone else face this situation? Thoughts?
2010/11/15 15:08:45
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ORIGINAL: Dr. Trout
Save your money ====
I think you'll find in the "real world" here in Pa.....
you will have to prove they knowingly and willingly trespassed when the case gets to court... a plate number, photo, license #(hunting or drivers) will not prove either of those two points for the intent of the people on your land.....
now if it was the second time for the same folks you probably would win that case... if you can prove they knew .. because you had told them before... but a first offense (encounter)... you'll never win in court if they fight it claiming they were there accidentally ........
Doc, If the land was posted, that was their warning. If it was not posted, a verbal warning (unless they are doing damage or crossed a fence), is about all you can give to them. I understand ya Bings about wanting the PGC to enforce trespassing but currently, they can not unless another "violation" is occurring. I have mixed feelings on this one. If the PGC was properly funded and fully staffed, I wouldn't have a problem with them enforcing trespass but, with the lack of funds and personnel, I don't want to take away the limited resources from the more pressing prosecutions (poaching, hunting without a license, etc).
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Dr. Trout
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Esox_Hunter
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RE: Anyone else face this situation? Thoughts?
2010/11/15 18:25:59
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ORIGINAL: Dr. Trout
Save your money ====
I think you'll find in the "real world" here in Pa.....
you will have to prove they knowingly and willingly trespassed when the case gets to court... a plate number, photo, license #(hunting or drivers) will not prove either of those two points for the intent of the people on your land.....
now if it was the second time for the same folks you probably would win that case... if you can prove they knew .. because you had told them before... but a first offense (encounter)... you'll never win in court if they fight it claiming they were there accidentally ........
Has worked for us and the neighbors in recent times Doc. I am glad you know everything as usual though... Cops depend on information given by public accounts for all sorts of infractions. They obviously can't be everywhere and I don't know how many trespassers will hang around for the 10+++ minutes it takes them to be on scene. DJ here will prosecute everytime if the propery provided it is posted such that the signs are "reasonably visible". Cops and and DJ might be a joke up your way, but its not like that everywhere.
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Dr. Trout
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RE: Anyone else face this situation? Thoughts?
2010/11/15 18:45:29
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I am glad you know everything as usual though grow up..  I never said I knew everything.. I am just posting my thoughts, opinions, and what I have been told... just like you.... in the case you had I have no idea what the facts were.. first offense etc... nor do I know if the defendants had good lawyers... many factor to consider.. the facts are still the facts.. and most will agree...trespassing laws are the hardest to enforce and win the case in court with good lawyers for the defendants... but you are entitled to your opinion too.... BTW.. DJ here will prosecute everytime just where is that... how much public land is around bordering private land... how many farms and lumber company properties to post how many deer hunters... etc ????? our area (township) has a total of 145 registered voters and 80 full time (year round)residential homes... and if you read what I wrote... I wrote about MY AREA as always.... Must be down in the "flatlanders" area you are referring too
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Esox_Hunter
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RE: Anyone else face this situation? Thoughts?
2010/11/15 19:24:42
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I never said I knew everything.. I am just posting my thoughts, opinions, and what I have been told... just like you....
I am not posting hearsay about areas I know nothing about, I am posting from my personal experience combined with experiences of several close friends and neighbors. I wrote about MY AREA as always....
Please indicate where there is any mention of "your" area in the post I quoted. You did nothing but try to prove me wrong by saying this is the "real world" of PA. It is ok to be wrong with your blanket generalizations as there is life outside of Jefferson County. I am in PA and there is ZERO public land in the vicinity. Mine, my neighbors, and friends experiences had nothing to do with fancy lawyers or repeat offenders either.
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bingsbaits
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RE: Anyone else face this situation? Thoughts?
2010/11/15 20:30:11
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Should be just like Colorado, you DO NOT step onto Private Property with out asking for permission ...Period.
No ifs, ans or buts..
The onus is on you to know where the property lines are before you cross them......
I could care less if you could see my sign or poster, you are on MY property without permission/hunting Therefore you are Trespassing...Should need no more than that for prove in court anything else is just BS...
"There is a pleasure in Angling that no one knows but the Angler himself". WB
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Ironhed
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RE: Anyone else face this situation? Thoughts?
2010/11/15 23:10:01
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RE: Anyone else face this situation? Thoughts?
2010/11/16 01:03:58
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If you have trespassers on your property and you call LE they have to come and investigate within a reasonable time. The PGC is pretty much useless unless they know they can write a citation. Now if the average joe trespasses on state property they will cut you no slack and state that you should be aware of your surroundings marked or not.
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retired guy
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RE: Anyone else face this situation? Thoughts?
2010/11/28 22:34:33
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My Dad came from Sugar Grove in Warren County, over by Jamestown. Hunted there for years when I was just getting started= 40 plus years ago, absolutley loved it. Now its a 10 hour ride from home and few family members still living there, passed on or moved on. Its not going to happen again. Just hearing " "Warren County" feel kinda like going home, spent a lot of time there. If you can hunt in Warren on your own property without the constant bull tickie from friends and family of the owner and trespassers where you are now ---do it- for peace of mind if nothing else. Thats the real reason we hunt anyhow. I'd keep the permit on the busy place just for someplace to go when time is limited. Good luck Bud
post edited by retired guy - 2010/11/29 12:28:20
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