Posting my property.

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treesparrow
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2013/12/29 22:06:59 (permalink)

Posting my property.

  I have not made a final decision however I am going to do something . In a way I am very fortunate and own quite a few properties ( woodland timber stands ). I have kept all but one open to hunters and fishermen-woman. However I have certain conditions - restrictions. All of which have been broken over and over even by people that I have talked to face to face and explained my concerns. I explained to one fella how I do not want anyone using climbers that cut into trees and want no one using Black Cherry trees. We catch him up a Cherry tree with a climber with teeth, I am a forester and invested in timberland. I do not want my trees damaged. Next time I meet him he tells me how much he misses hunting my property. Sorry Charlie. Two more rules no permanent stands and no driving deer with organized drives.
        Some examples of what I have put up with: 
                           Hunter standing in the middle of my road on my property blocking me from driving through and telling me that I have no right.
                           Five or six four wheelers ( 50 year olds ) telling me I have no right kicking them off the property and they could ride on all gas lines power lines and my driveway and woods roads because the game commission told them they could. I tried to tell them that they had to stay off while I had a timber job going on for safety sake.
                           Over and over problems with tree climbers with teeth. Them even arguing that the game commission told them they were fine.
                           I have had many things stolen.
                           Litter.
                           I have had two hunters tell me on two different properties that they owned the property we were standing on when in fact they were standing on my property.
                           One fella cut a shooting lane down through my hillside of small hemlocks 10-15 ft high.
                            Now I have a property that I like to hunt that almost every time I go there this year I catch gangs driving deer or I see signs of it having happened.
                            Etc. Etc. Etc. over the years.
                             There is the other side with hunters who do listen and do not cause me grief. I even receive a Christmas card from one every year. Also the many who seem genuinely grateful. I have always wanted to be just one of the hunters able to hunt the property. However when I go to my stand and a whole gang comes driving deer through it kind of ruins it for me. They have the deer so wound up they don't move on their own as much and it is hard to walk them up.
                            I remember when I was a young man and I could hunt three out of four properties and so could everyone else. It was wonderful and I truly enjoyed it. I could hunt for miles out my back door. Now its the era of me me me stay off my ground. Kids will never have the chance to experience what I grew up with. Part of the problem is hunters with no ethics upsetting landowners enough that they post. Plus the me me me all for me.
                             Either way the few properties that are left unposted are being overrun with hunters. Maybe that is why I am dealing with so many hunters that can not abide by the few rules. Maybe that is why they are hunting my places they are not welcome on others.
                              If you cant go by the few rules stay out. I am tired of saying that, I think it is time to POST.
                              Thought I would vent here to see what you all thought of my present dilemma. I was happy sharing the hunting as I do on some Gamelands I hunt. 
            
#1

29 Replies Related Threads

    BloodyHand
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    Re: Posting my property. 2013/12/29 22:15:51 (permalink)
    I say POST it.
    Can I have a permission slip?
     
    BH
     
    Just because you post it doesnt mean you cant give permission to a select few hunters to hunt it. Give them a permission slip and have them police your property.
    #2
    Fisherlady2
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    Re: Posting my property. 2013/12/29 22:32:07 (permalink)
    BloodyHand
    I say POST it.
     
    BH
     
    Just because you post it doesnt mean you cant give permission to a select few hunters to hunt it. Give them a permission slip and have them police your property.




    Agree with BH... you can post it and give written permission to those who you select.  No reason to tolerate the BS on your own property.
    #3
    Eman89so
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    Re: Posting my property. 2013/12/29 22:34:21 (permalink)
    Trees sounds like the problems I have around herein SW where I hunt..
     
    We just had a deer poached a couple nights ago out of my bosses field behind his house.. Game Co. wasn't quick enough to catch them (shocking)
    #4
    fishin coyote
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    Re: Posting my property. 2013/12/30 10:18:25 (permalink)
    Tree,
    You hit the nail on the head with the me, me, me attitude and all around general lack of respect that men show toward each other.
    I will say this as a non land owning hunter. "THANK YOU" for leaving it open as long as you have for those of us who don't own property.
    I hunt a few private lands that are open to anyone with one being owned by a relative and he is having the same issues as you. Most of this has been in the last 3-5 years and like you it seems to be middle age hunters that should know better.
    So I say POST it if you think it will help.Although I doubt it will eliminate all your issues as bungholes will always be bungholes and if you need any help hanging the signs I'm only 10 miles to the west of you.
    Mike

    Nothing is Free!!
    Reward equals Effort


    #5
    r2g2
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    Re: Posting my property. 2013/12/30 11:40:27 (permalink)
    Friend bought a couple of hundred acres up in Northern New England. Many hunters on it year one and some were very rude so he posted and gave permission to a few locals who asked.
     Siting in his cabin one day and a crowd came walking down his driveway going into the woods. Seems that one of the guys he gave permission to was bringing in all his friends and had the guts to walk right by the cabin with them all even with the owners truck was right there.
     That was IT.
     Seen it here in Ct too- give permission to two guys and a football team shows up.
     If ya give permission be sure an make some HARD rules about who really hunts. Hunter MUST carry written permission of the landowner- given each year.
    post edited by r2g2 - 2013/12/30 13:25:41
    #6
    Guest
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    Re: Posting my property. 2013/12/30 12:54:10 (permalink)
    Wouldn't blame you one bit sparrow.
     
    Was just fishing the Erie tribs this weekend - on a PFBC easement - with plenty of houses in plain sight.  Had my 10 year old son and a couple of 17 year old boys who are family friends with me.  They got a little ahead of me on our way to one spot and were cutting up a little bit - nothing bad, just being noisy and acting like kids.  Asked them if they'd like someone walking through their back yard doing the same.  Was a good opportunity to teach them about respecting landowners who put up with hundreds or thousands of fishermen a year walking their property. 
     
    Unfortunately, when it comes to deer hunting, I see the kind of behavior you describe far too often.  I've hunted privately owned property for deer almost exclusively my entire life.  Lots of similar stories.  Good for you for trying to make it work for the ones who respect it, and trying to figure out how to keep it open.  If I were in your shoes, I'd have probably shut it down long ago. 
    #7
    anzomcik
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    Re: Posting my property. 2013/12/30 14:46:43 (permalink)
    I say LOCK IT UP. The persons who sent you cards, hopefully you got an address from them, those are the ones who really give a crap of what you have done for them. Send them a letter explaining everything, an keep in good contact and give out written permision.
     
    Heck you could always lease the hunting rights on the land and have written hard rules in contracts as well. That is becomeing more popular these days, the people leaseing will make sure everyone is following the rules and you might pay the taxes on the land with the lease. Just a thought
    #8
    griffon
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    Re: Posting my property. 2013/12/30 19:31:02 (permalink)
    I completely agree with what the others have stated.  First off, thank you for being so patient for so long.  I do believe however that it is time to post your property and set some rules.  Personally, in your situation (not that I know much about it other than what you wrote) I would probably give a few written permission slips out and give those individuals your expectations.  I would also give them your cell phone, so that they could help you patrol your property and make sure that everything remains the way it should.  Who knows, you might end up better than your current situation and even make some lifelong friends.  I have been on both sides of the fence, as both a landowner and as someone who will work very hard to obtain permission. Some of the people I have met in each role have become exactly that, lifelong friends.  Good Luck
    #9
    treesparrow
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    Re: Posting my property. 2013/12/31 19:23:29 (permalink)
        To all, I wasn't planning on kicking out everyone however I am going to be selective. Some of the neighbors however will be disappointed. Many of the neighbors I welcome anytime. It is a shame, as 40  years ago a young hunter could enjoy so much freedom. I know part of the problem with recruiting young hunters is the lack of access. We have it all locked up and you just can not go out your back door anymore.
    #10
    akitadog
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    Re: Posting my property. 2014/01/03 19:59:32 (permalink)
    post it up. give out permision slips and the people that you give the slips to should take care and maintain the property. like a free lease. u will still have guys treaspass. make an example of a couple and that may help some. it sucks to have to get people in trouble, but when stuff is getting stolen u have to do something.
    #11
    r2g2
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    Re: Posting my property. 2014/01/03 20:59:09 (permalink)
    Times change and we are forced to change with them----can remember riding around all summer with a rifle in the back seat for chucks when I was 16 or 17-(50 yrs ago)---If a kid did that today ?????
    #12
    Dr. Trout
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    Re: Posting my property. 2014/01/05 10:18:06 (permalink)
    posting will NOT solve much of your property problems. Many large landowners I know around here have or have had the same problems. posting did little to help.
     
    the folks doing the trespassing, littering, atv driving, etc know that for the most part, it is much more of hassle for the landowner to enforce his no trespassing rules ... "I did not know" will 99% of the time get the offender off with no punishment... add to that =====
     
    1... the the police do not want to respond to the complaint in the first place
    2... it is almost IMPOSSIBLE for the landowner to "keep" the offender there while WAITING for the police to show up... unlawful restraint, kidnapping,  is just a word or movement away for a law suit and charges against the landowner..
    3.. threats made while waiting for the police often scare the landowner from pressing charges after the police show up .. thus adding to the police not wanting to respond in the first place.
    4.. it is easy to type on a computer how one would be a "tough guy" and arrest and punish trespassers... but in reality, based on MANY MANY stories from local landowners... reality sets in when the event actually happens.
     
     
    I have talked to several local  landowners that ended up IN REAL LEGAL trouble just trying to enforce trespassing on their property...  the #1 thing was trying to get the person trespassing to "stay here" until the police come..
     
     
     
    one actual pointed a gun and he was the one arrested..... the trespassers just simply turned on his cell phone cameras and captured the confrontation ...  the land owner told me the two guys were laughing their asses off as he was arrested and lead off..... 2 weeks later there was a fire near the area of the confrontation and some prize Xmas trees were lost......
     
    Another told me, and again this is hear-say, that now in this area that that no trespassing sign HAS TO have printed on it that "legal action" will be taken if caught..  we found and ordered her some and they were very EXPENSIVE !!!!!
     
    I feel the pain of many land owner... how's this one.... a guy came in Friday and bought EVERY SINGLE AA battery we had in stock... he uses 36 trail cameras on his 600 acres of posted land to get photos so it would help in the " I did not know it was posted" claim.. they had been there before !!!
    He wins some cases and losses some cases.. stated most are lost.... but is VERY happy he has no building, sheds, etc , etc on the posted grounds and lives miles away from the posted land...  threats are an everyday thing when confronting trespasser....  what bummer .... and they spend countless hours taking turns patrolling the land during HUNTING   SEASON.....  I'd rather be hunting...LOL
     
    just some more food for thought on the subject...
    #13
    treesparrow
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    Re: Posting my property. 2014/01/05 19:15:16 (permalink)
    Dr. T,  I have a property with my brothers up near you along the Clarion River. We have always allowed the cabin owners and others to hunt it. My brother told a friend who has a camp in the area that he could hunt it and showed him where to park. One of the camp owners-neighbors? confronted him and told him that it was private property and he was not welcome. He proceeded to tell him he was given permission by the owners and that he was shown the property and where to park. He was then told that we did not own it and to get out. How I would love to have been there, what nerve. I would love to know who that was.
             I came up one weekend and one of the camp owners asked who were the guys with the red pickup truck that hauled about 5 loads of firewood out the previous weekend. I sure do not know to this day who they were but they stole firewood my brother and I cut a month prior. They could have stopped with the firewood but no they also took a seat that I make out of a log with a chainsaw. The seats are sort of a long bench seat with a back rest all cut out of a log with a chainsaw. I have lost two of those over the years. The other one on another property.
            I know that I am blessed to be able to own these properties however they are my retirement investment, as I am a forester.
           There have been so many great people  I have met whom it has been my pleasure to share sporting interests on properties I am caretaker of for this short lifetime.  If all were as considerate perhaps poster signs would be far fewer.
           Go beyond that and think of all the money we waist policing lawlessness in general. Then all the rights we have all lost because of others actions.
          I have to get off here I am getting depressed.
    #14
    BloodyHand
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    Re: Posting my property. 2014/01/06 07:38:37 (permalink)
    I'm not buying, little can be done about trespassers. Also not buying that posted signs will not help. Like stated before by several people here. Post the property, give permission slips to the few local cabin owners, and maybe a couple extra slips for there buddies. Give permission slips to the few hunters that will respect your property and than have them POLICE Your property. When do the clowns show up to the property??? Answer; Hunting Season. Ask the fellas you gave permission slips to, to ask anyone they come across on the property to see their permission slip. No slip, you gotta go. Make like they are getting on their cell phones if they wont comply. It's very simple and it does work.
     
    BH
    #15
    S-10
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    Re: Posting my property. 2014/01/06 14:48:20 (permalink)
    I don't often agree with Doc but on this one I tend to agree with him and have heard of or been involved in similar situations.
    1. What are you going to do if he just walks away when you tell him to wait for the police?
    2. Are you willing to give legal protection to the folks you tell to kick off anyone they see on your property without a permission slip?
    3. What are you going to do if  you tell him to stop when you catch him trespassing and he ignores you? Shoot him, I doubt it
    4. Do you want to spend hunting season hunting game or trespassers?
    5 Are you willing to shoot or fight trespassers you catch
    6 Do you really thing the police are going to chase around in the woods after a trespasser on land they are not allowed to hunt?
     
    The best you can do is post it and realize the good guys "may" keep out and the not so good guys will do what they have always done.
    I do know one guy who had fair luck giving permission to a couple cops and then he just called on them when he had a problem.
     
    Question, You hit a good buck and he crosses into posted land. Are you going to quit the  bloody track and try to find who owns the land to get permission and risk losing the deer, being denied permission,  or having someone else take the track  or follow the track to the end.
     
     
    #16
    creel
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    Re: Posting my property. 2014/01/06 17:01:50 (permalink)
    Wounded Deer crosses posted property, call the Game Commission, here in 2B Jack will show up and assist you, Game Commission wants you to try to find wounded animals.  The Game Commission has a better chance of getting permission to follow up.

    thats a good fish, they are all good, some are gooder than others
    #17
    BloodyHand
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    Re: Posting my property. 2014/01/06 22:25:50 (permalink)
    S-10
    I don't often agree with Doc but on this one I tend to agree with him and have heard of or been involved in similar situations.
    1. What are you going to do if he just walks away when you tell him to wait for the police?
    2. Are you willing to give legal protection to the folks you tell to kick off anyone they see on your property without a permission slip?
    3. What are you going to do if  you tell him to stop when you catch him trespassing and he ignores you? Shoot him, I doubt it
    4. Do you want to spend hunting season hunting game or trespassers?
    5 Are you willing to shoot or fight trespassers you catch
    6 Do you really thing the police are going to chase around in the woods after a trespasser on land they are not allowed to hunt?
     
    The best you can do is post it and realize the good guys "may" keep out and the not so good guys will do what they have always done.
    I do know one guy who had fair luck giving permission to a couple cops and then he just called on them when he had a problem.
     
    Question, You hit a good buck and he crosses into posted land. Are you going to quit the  bloody track and try to find who owns the land to get permission and risk losing the deer, being denied permission,  or having someone else take the track  or follow the track to the end.
     
     


    1. F the police. Tell the trespasser to get the Flock out of here and Dont ever come back
    2. Legal protection from what?
    3. yer not going to tell him to stop, yer gonna tell him to keep his****walkin and Dont ever come back
    4. HUNT, the guys with permission will figure it out, and will have an idea who, and whos not supposed to be there.
    5. Who said anything about fighting
    6. Refer to answer 1
     
    Answer to the last question- You are legally not allowed on anyones property without permission. POSTED or Not.
     
    My thoughts on posted property lines; as a young hunter I didnt have much private property to hunt on. The little property I did find was usually through the grapevine that " this property is cool, you shouldnt have no problems " but never really receiving permission from the land owner. There is no worse of a feeling than hunting somewhere, where you might not be welcome. It's hard to focus on your hunt and you spend more time worrying about getting caught than hunting. When you see the POSTED signs, you know you aint supposed to be there. No 2nd guessing.
     
    Also, I dont think any of yinz met the Henderson gang from Crawford County. You better pray you are on the other side of that posted sign. you need to put yer skirt away til next summer and grow a pair. ( not directed to anyone persay, but more of how to handle your trespassers )
     
    BH
    #18
    DarDys
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    Re: Posting my property. 2014/01/07 05:52:22 (permalink)
    I don't often disagree with S-10, but I do here to some degree.  I hunt some very private ground that is locked in by private ground.  All those folks get along fine and if you can hunt one, you can hunt all, but they prefer you stay on where you have primary permission.  They have no problem with tresspassers because it is posted up solid as Sears used to be; they have a great relationship with local law enforcement (donations to the right charities, hunting permission to the right key people, etc); they have a great relationship with the local court system; and they are known to prosecute to the fullest extent of the law using evidence like cameras, video, and even private investigators. 
     
    In other words, it is clearly known in the area that if you tresspass, you will get caught, you will be prosecuted, and you will lose.  It makes it just not worth the risk for most folks.
     
    Do they catch everyone?  Obviously not.  But there are no treestands, there are no ATVs, there are no deer drives, and there are no altercations or even confrontations.
     
    I have hunted the property for 5 years now and have not seen anyone that was not supposed to be there.  Just across the property line, which is advertised on the PGC website, by the way, yes, but crossing the line, no.  We have found one deer that wondered onto the property and died when wounded, but it doubtful that it was even followed up, let alone shot on the property.
     
    BTW, with all the neighbors, this is abut 2500 -- 3000 acres, so no small piece to patrol.

    The poster formally known as Duncsdad

    Everything I say can be fully substantiated by my own opinion.
    #19
    Walleye jigs
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    Re: Posting my property. 2014/01/07 07:32:01 (permalink)
    I completely understand a lot of these problems but reading them reminds me of the good ole days of England when only his Lordship could hunt the Kings deer. Don't get me wrong I HATE atv,s and people who don't respect other peoples property. Around here this was all open land to hunt until some well off person bought it from the coal co. Now everything is posted,it seems like that only made things worst. He logged it out, then sold the right away to Range now its wide out to the clowns on atv,s, trails everywhere mostly lined with beer cans, they ride around stealing tree stands poaching deer. I hunted these woods for 60+ yrs never left a sign that I was even there and never bothered someone elses stuff. Its like some people are mad because some out of state person came in here and just took everything away. I,m sorry guys but I see two sides to this road.
    #20
    Esox_Hunter
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    Re: Posting my property. 2014/01/07 13:34:32 (permalink)
    I can relate to a lesser extent with the OP and stories like his are the reason why I only have a few properties available to hunt now.  It amazes me that people (many of them hunters) have such blatent disregard for land owners. 
     
    My friend and I manage a small property owned by his family.  Trespassing hunters have run rampant on the property and theft and ATV use are also big problems on that property as well.  Since efforts to prevent unauthorized access to the property have been ramped up, things have improved somewhat from what it was 4-5 years ago.  I'll admit that there are times that I feel more like I'm taking on the role of a security guard rather than a hunter and it can be downright frustrating. 
     
    I've certainly been involved in a few contentious confrontations over the last few years that I should have been smart enough to avoid, but didn't.  Anymore, I will not even entertain the bs that these idiots spew, now the protocol is as simple as take a photo with the cell and ask for ID.  If they provide ID, a certified letter is sent to them (copies to PD and magistrate) notifying them of their infraction and warning them of what will happen with future occurances.  If they fail to provide ID, I will call the cops immediately and let them handle it.  If they take off, the property is small enough that we can easily figure out where they came from or where they are parked.  So far we haven't had to call the cops, but we did recently send a certified letter to an intruder and it seemed to work pretty well.  News of the letter spread like wildfire locally and it became the talk of the local archery shop and all of the watering holes.  Word of mouth can work wonders...   
    #21
    treesparrow
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    Re: Posting my property. 2014/01/07 14:10:02 (permalink)
       I don't give anyone other than family permission to evict or even confront others on property I have anything to do with.  I want no part of the legal mess that could get me in.
        Kind of ironic but today I got a call from a partner in ownership on a property. A neighbor that we have had problems with was just convicted of both trespassing and also hauling out an untagged deer I presume both occurring together. I have not heard details just what was relayed to me from the paper. Sometimes you get a chuckle without the hassle of being involved. 
    #22
    Esox_Hunter
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    Re: Posting my property. 2014/01/07 14:58:31 (permalink)
    Maybe I am missing what you're trying to say here, but what legal mess would you be in if you authorize people who hunt on your land to enforce trespass on your behalf? 
     
    I wouldn't want just anyone acting on my behalf because I could see it likely leading to headaches with too many self appointed sheriffs running around, but I don't see the legal issue with doing so.  Sometimes the more eyes you have watching your property, the better.    
    #23
    treesparrow
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    Re: Posting my property. 2014/01/07 16:31:33 (permalink)
    hf
    #24
    treesparrow
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    Re: Posting my property. 2014/01/07 17:01:52 (permalink)
        This has rightfully moved from me possibly posting which is good.
         There are liability issues in allowing others to patrol your property to enforce trespass infringements.
        It is ironic that today a partner I have on a property, called to tell me that a neighbor that we have had problems with got in trouble. In paper it said he was found guilty of trespass and not tagging a deer. Shows he was behaving himself on others property to. 
    #25
    r2g2
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    Re: Posting my property. 2014/01/07 17:12:00 (permalink)
    Have generally had permission to throw trespassers off of places I had permission to hunt- in fact I request it of the landowner. As past LE they liked me being able to flash a badge- it got idiots attention.
       Since retirement 10 years back I still protect 'my' hunting areas but try and be a bit more diplomatic about approaching people. Most want to argue -which I will not do- but when ya simply walk off and say Ok goin to get LE they generally disappear kinda fast. They KNOW they are wrong in the first place -- just gotta makem face it.
         Works great when also mentioning car towing, either now or in the future. lol.
    #26
    Dr. Trout
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    Re: Posting my property. 2014/01/07 21:21:04 (permalink)
    too bad most of the guys posting on this thread are the "honest good guys"....
     
    My post was based on what I have heard from land owners and guys who have no problem hunting where every they want to and how to "get away with it"....
     
    yeah they get caught every now and then and just leave and return some other day... they make up names, show no ID,  just turn and walk or run off....
     
    and just for the record..  on having the vehicle  towed away..... better be **** sure the guy owning the car is on your property--  trespassing --  before you have the thing towed away...
     
    A guy told me he had his truck towed but knew the landowner did not see him hunting there... so he cell phoned his buddy to come get him and then they called the police and reported the car stolen.. said it had broke down and he left it there to go get help and return ...   and puff it was gone ....... landowner had some "splaining" to do on that one .. the butt hole just thought is was funny as hell .... and gets a thrill ( I guess) at re-telling the story...
     
    The problem is the landowner's hands are really tied when it come in "enforcing" the trespassing by himself or with a friend or even someone he "appoints" to patrol.... if they are not law enforcement types they have no rights to hold and detain, etc... the butts holes just walk away and 99% of the time long before and REAl law officer arrives
     
    I may have told the story before but I was at a PGC function for the local high school when a student asked that "if the no trespassing sign was not "signed" by the land owner was it still okay to hunt there" ... the PGC officer explained that all property is privately owned  and a person needs permission PERIOD to be on that property..
     
     
    the kid said  "no ..... my Dad said if it is not posted or the sign is not signed.. it's okay to hunt there... Honest .. True story ... LOL
    #27
    treesparrow
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    Re: Posting my property. 2014/01/12 10:59:43 (permalink)
    Esox Hunter, Our former Game Com Officer knocked a young fella off his 4 wheeler with his flashlight as the fella attempted to get by -escape him. Now if the W C O was just a regular guy who I had authorized to patrol my property and the boy was injured do you you think the boys lawyer would not include me in a law suit?
     
    Dr Trout, It is those characters that get many properties posted. Eventually someone will get it all together and dot all their I's and they will legally get what they deserve. One of the people that they are bragging to about the towing should get some cahunas and be willing to testify, that fella needs his face in front of a magistrate.
    #28
    Dr. Trout
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    Re: Posting my property. 2014/01/13 09:54:40 (permalink)
     One of the people that they are bragging to about the towing should get some cahunas and be willing to testify, that fella needs his face in front of a magistrate

     
    anyone "listening" to the bragging would NEVER be able to testify about anything if he was not there and personally witnessed the entire event...
     
    I've been on several juries and that type testimony  (hear-say) is NEVER allowed....
     
    but I agree maybe someday enforcement can be done in such a way that it would not be so easy to just trespass as one wished to...
    #29
    r2g2
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    Re: Posting my property. 2014/01/16 15:10:49 (permalink)
    That 'oh my vehicle was stolen' kinda game is the oldest one in the book. LE sees it regular- No better way to make yourself a target for future LE involvement than to 'play' that game.
    Its a round wheel and sooner or later their day will come. On one property or another. Those kinda guys never learn the easy way.
     Some here might wanna stop indicating  the bad guys always win so why bother- it only helps the bad guys with some kinda throw your hands up and lettem win attitude.
     Screw those trespassin law breakin idiots its THEY who make it bad for us law abiding sportsmen- which they are NOT.
    #30
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