Hunting 'Unposted' Private Land

[8andcounting]

I'm in no way shape or form an expert, but a quick look at the ND Century code kinda sorta somewhat clarifies things a bit doesn't it? This applies to all forms of posting, not just no hunting, because it is in the century code right?

ND century code states that "Any person may enter upon legally posted land to recover game shot or killed on landwhere the person had a lawful right to hunt."

This is from the ND Century Code. Not a Game and Fish Proclomation. See http://www.legis.nd.gov/cencode/t20-1c01.pdf#nameddest=20p1-01-19

Scroll down to 20.1-01-19. When posted land may be entered.

Maybe I'm wrong... not really worried about it because I do 99% of my hunting on public land and other land that I get permission ahead of time to hunt.

One thing is for sure, there are a lot of different views and opinions on how this can all be interpreted. Perhaps someone should visit the states attorney and get some clarification as they are the ones who would be required to prosecute a criminal trespass charge.

About ten years a my buddy shot a buck in ground he had permission no doubt a kill shot , blood all over ground , deer ran 75yds to a belt on posted ground he did right then called farmer , NO . So he called warden and warden came out guy from Fargo . Farmer told him no way even tho we described how hit it was . Long story short he did not end if getting to go on . Warden said his hands were tied if farmer insisted it was a No

 

[Kurtr]

Well they were wrong and you should have went anyway a barristerile esspringer

 

[martinslanding]

I still think there is a difference between "posted" and "trespassing" ... I would interpret “posted” as meaning no hunting…where “no trespassing” means no entry what so ever … problem is most of todays no hunting signs carry the verbiage no trespassing as well …
So example and I am pretty sure this is why the century code is written as is: say you shoot a deer on public land and it runs on to one of those government missile sites … can you wonder on there without your firearm to retrieve it?

 

[PrairieGhost]

If the landowner, the warden, and the hunter are all together and the landowner refused to let someone (without a weapon) pick up an animal that is clearly mortally wounded there should be a wanton waste citation for the landowner. I know it is not that way, but in a perfect world it would be.

 

[gst]

Bet they don;t have these issues at a HFH operation...................

if this does not go 10 pages we have lost our touch

Hey plainsman, you gonna try Arbys HFH venison sammich?

 

[NDSportsman]

If the landowner, the warden, and the hunter are all together and the landowner refused to let someone (without a weapon) pick up an animal that is clearly mortally wounded there should be a wanton waste citation for the landowner. I know it is not that way, but in a perfect world it would be.

I'd agree. There is no reason to refuse retrieval at that point unless you are a straight up a-hole. Maybe a new law needs to be added here.

 

[PrairieGhost]

I'd agree. There is no reason to refuse retrieval at that point unless you are a straight up a-hole. Maybe a new law needs to be added here.

It got me to bad reps from people who would deny access I guess.

 

[CAH]

6 pages!!! I think we can do it guys!

 

[Captain Ahab]

This is dumb

 

[luvcatchingbass]

This thread just reminded me that I need to pick up more metal NO TRESSPASS signs. Funny how with all the wind this spring they survived but slowly since bow season opened they disappear.

 

[DirtyMike]

This thread just reminded me that I need to pick up more metal NO TRESSPASS signs. Funny how with all the wind this spring they survived but slowly since bow season opened they disappear.

Had a few that miraculously went missing as well. And right at one of the approaches.

 

[martinslanding]

Seems we have veered off course with discussions of laws signs and verbiage … back to the actual issue … OP started post with the phrase” Heard of a group” well that isn’t even a first hand encounter story … then LaLa chimes in again with hearsay of what may or may not have happened and both individuals being very new to the site…

…anyways whether or not this is even factual it does present a question, can a landowner post a property while you are hunting in the field? Obvious answer is sure why not … but to have someone prosecuted for being on your land that you posted while they were out there is a pretty dick move … so I think what the original post is attempting to get across is now hunters need to provide evidence of when and where they accessed a section of land complete with timestamps … which in today’s digital world shouldn’t be that hard

 

[Rowdie]

Seems we have veered off course with discussions of laws signs and verbiage … back to the actual issue … OP started post with the phrase” Heard of a group” well that isn’t even a first hand encounter story … then LaLa chimes in again with hearsay of what may or may not have happened and both individuals being very new to the site…

…anyways whether or not this is even factual it does present a question, can a landowner post a property while you are hunting in the field? Obvious answer is sure why not … but to have someone prosecuted for being on your land that you posted while they were out there is a pretty dick move … so I think what the original post is attempting to get across is now hunters need to provide evidence of when and where they accessed a section of land complete with timestamps … which in today’s digital world shouldn’t be that hard

I agree, but, by the 'letter of the law', would the evidence even matter?? IF the LO wanted to press charges no matter the evidence, would it still be tresspassing??

- - - Updated - - -

I still think there is a difference between "posted" and "trespassing" ... I would interpret “posted” as meaning no hunting…where “no trespassing” means no entry what so ever … problem is most of todays no hunting signs carry the verbiage no trespassing as well …
So example and I am pretty sure this is why the century code is written as is: say you shoot a deer on public land and it runs on to one of those government missile sites … can you wonder on there without your firearm to retrieve it?

Fn Aye Ray I CAN, just try to stop me!!!

 

[gst]

12-2017 12:43 PM
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Thread: Hunting 'Unposted' Private Land
Your jokes are like my undies. Crusty and worn out

 

[Walleye_Chaser]

12-2017 12:43 PM
​

Thread: Hunting 'Unposted' Private Land
Your jokes are like my undies. Crusty and worn out

Those are some nasty undies!

 

[espringers]

Posting it while someone is hunting it is no different than driving out and telling you to get the fuck out. Both are notice that you are no longer welcome and you must leave or risk a trespassing charge. And the game issue isn't gray. Go get your god damn deer. You can't be convicted. The only thing that would prevent me from getting it would be threat of life or limb. But, if it came to that, I would invoke our hunter harassment and/or wanton waste statute and ask that the landowner be charged accordingly

 

[KDM]

Something to ponder here fellas as we traverse our way to 10 pages of what has become hunter rights over landowner rights and there are plenty of landowners on this site mind you. How many times will hunters have to push the use of this portion of the game law before the landowners push back with pressure on the legislature to turn the North Dakota land access of hunt unless posted into the South Dakota land access of EVERYTHING is posted and then get the "Enter Unarmed" part of the law removed??? As I recall there was a call for that very thing here in ND not too long ago. Just food for thought.

 

[PrairieGhost]

KDM I have much respect for you so don't take this wrong
Your probably right about landowners wanting to post because we mention there are some bad landowners. However isn't that kind of touchy? We listen to stories about bad hunters and rather than dislike landowners for saying it we often agree. Why do landowners so easily take offence when it's not them personally that we are talking about? I'm guessing that you know when we complain you would be the last person we would be thinking about as we complain.

We understand that it's respect that landowners seek. That's what hunters seek also. However we don't expect you to respect every hunter no matter their behavior. Am I wrong thinking that we not need respect every landowner no matter their behavior. All I seek is mutual respect.

 

[Allen]

Bullsh't ..... yeh the g&f law ..... but even if warden comes and says yes you can go get deer me as landowner can call sheriff and you will get criminal trespass . The criminal law for trespassing trumps gf guarantee u

I actually had a couple of neighbors test this just a couple years ago. I know one of them hangs around websites like this, so maybe he will correct my mistakes in the story if I get something wrong.

Neighbor A stuck a deer with an arrow and since he only owns 5(?) acres, it ran over onto another person's property. Neighbor B flat out refused his request to go search for his wounded deer, the land is posted. Neighbor A, knowing it was a good hit and the deer couldn't have went too far, ended up calling a game warden and sheriff. Their collective response was to escort him out onto the posted land in a successful search for his deer.

Neighbor B gets pissed and sues Neighbor A for violating his property rights.

As the court ruled, Neighbor A had the legal right/obligation to retrieve HIS property from Neighbor B's land and not only ruled against Neighbor B, but awarded Neighbor A legal fees for having to defend himself from such a BS lawsuit. Effectively, confirming the long-standing concept of me having the right to retrieve my property from yours. No different than if one of my cows wanders over onto the neighbor's land, or if my pickup breaks down on a gravel road where the neighboring landowner actually owns the land the road traverses.

Under the law there are still limits to how big of a wanker one can be, even for us landowners.

Yes, my land is posted. Yes, I allow a reasonable number of hunters. And no, I can't think of a legitimate reason to prevent someone from retrieving their property from mine.

 

[PrairieGhost]

Allen, now I have another landowner on this site that I can respect right up there with KDM. I am guessing there are many more. Those with an agenda I can't explain try to make those of us who complain about some things out to be anti landowner. Most of my relatives are landowners. Not many people in North Dakota are far from the farm. I have tried to get across many times that complaining about a single practice, or an individual is not equivalent to being anti landowner, anymore than complaining about a single hunting practice, or an single individual hunter is equivalent to being anti hunter. Farmers and ranchers have no greater ally than hunters. One would be foolish to dump on landowners or hunters, especially simply to be vindictive.