Hunting 'Unposted' Private Land

[Weaver]

The law allowing hunters to trespass onto posted property to retrieve game shot elsewhere. Again I am all for recovery of “legally taken animals” but this has opened up a huge can of worms for the landowners. Exploitation of it has created all kinds of trouble for landowners wanting to keep private land private. Use the model other states have requiring permission to track/ recover because it should be up to the private landowner as to who he wants on his land, not the government. It truly is unconstitutional to seize private land for special interest pursuits again regardless of the brevity of each situation. It has been abused to excess and the wording or law should be repealed/ changed to revert full ownership to the landowner as it is in nearly every state. What makes ND different from the rest who respect landowner rights?

 

[Iwhackwheat]

No land is being seized. If they are already breaking the law shooting the animal, a new law that says they can’t retrieve it isn’t going to stop them. That law is going to impede legal hunters who sometimes have an unfortunate circumstance.

 

[Weaver]

No land is being seized. If they are already breaking the law shooting the animal, a new law that says they can’t retrieve it isn’t going to stop them. That law is going to impede legal hunters who sometimes have an unfortunate circumstance.

I am referring to those who use the existing law to exploit the meaning of it. using it to aid them in carrying out an illegal act. Other states respect Private property rights why not ND? And yes land is being seized for that moment.

 

[Eatsleeptrap]

Forty North Dakota deer seasons and I have never heard of people driving deer off of posted land by pretending to need to recover a wounded animal. NEVER. Anyone else heard of this?

 

[bravo]

This is an attempt to light a fire for the upcoming legislative session. Another manufactured outrage for a new useless law in under the landowner rights banner.

 

[1lessdog]

Forty North Dakota deer seasons and I have never heard of people driving deer off of posted land by pretending to need to recover a wounded animal. NEVER. Anyone else heard of this?

It's 52 yrs for me, never heard of it and never had to go on someone's post land to retrieve a downed animal.

 

[PrairieGhost]

Unfortunately I have seen it all on both sides. One day south of Pipestem dam headquarters a van with Minnesota plates was parked on the road between a no hunting zone and private posted land. I thought maybe they missed the signs so I stopped simply to inform him that his five friends headed our way were in a no hunting zone. He said they were just photographing. Sure enough they all had cameras, but they were marching abreast 50 yards apart. I asked him if he thought game wardens were retarded enough to believe it.
On the other hand I have witnessed (not hunting with me) a person told he can't retrieve on private land when the deer was dead and visible from the road. The landowner told the hunter it was a Game and Fish regulation and that under trespass law he had called the Sheriff and had people prosecuted before. I listened for a couple minutes put the pickup in gear and drove away from that crap show.
My hunting partner one year scouted for a couple weeks ahead of time. He pulled into an approach opening day and watched from sunrise to about 11:58 am when the landowner pulled up and drove a post with a posted sign only inches from his front bumper smiling all the while

No one group has a monopoly on aholes. Unfortunately one bad hunter ticks of multiple landowners, and one bad landowner ticks off many hunters. And off we march more divided and both with less support each year.

 

[Weaver]

You must live in a special place then or are non observant to what goes on. I know plenty of farmers
who this has happened to ,myself included. I had a husband/ wife pair try it a couple years back. He dropped her at South fence and he went to North end to see if she flushed anything to him. When I asked him why they were there he said “ oh we are looking for a wounded deer”. He had his rifle beside him in the truck ready to go. First thing he said after that is “She doesn’t have any weapons , not even a knife” . Doing what you may call a legal flush granted by the state of ND .
I had been there over an hour already and no shots were heard by any of the entire family and we were all outdoors in calm balmy weather. No blood trail anywhere and we searched hard. So why doesn’t ND trust it’s citizens to do the right thing if indeed there is an honest“unfortunate circumstance”? It has a force to comply order to special interest group.
1 of only 2 or 3 states to seize trespass control from landowners and pass to anyone who ventures along with a story to tell.
Are all the other states wrong in giving its citizens full constitutional powers granted to them To control who enters their land?
Do you know how hard that law makes it for the landowner who pops over the hill to see orange blazers in his posted field and he has no idea if someone shot into his land at an animal or one actually did go in wounded to navigate?
if it was an illegal kill no amount of yelling or hopping up and down will do them any good as the State has granted access to retrieve and they can “seize” control of that portion of land for as long as they please. The burden of proof now falls on you ( the landowner ) and only you.
Yes I had that happen to me as well. A couple shot a deer on my posted land from the roadway and my brother and I witnessed it from a hilltop. On confrontation with them first thing out of their mouths was “ oh we wounded it a mile over there “ gut shot it they said. So many things wrong and illegal they did. shooting from roadway onto posted land , drove vehicle in with weapons and finished it off. Threw in pickup bed without tagging to dash out.
This law encourages this kind of behavior because it’s a go to excuse over and over again. Without the wording of that law incidences would decrease dramatically as there would be no get out of jail free card to play anymore. The law has been exploited/ abused to death. Any game warden will tell you how many times he has had the wounded somewhere else deer story given to them as an excuse. Number 1 of all time by far.
If the hunter has nothing to hide get permission from the landowner or whomever posts it . The State shouldn’t be stripping it’s citizens of the constitutional right to grant trespass access.
like I said before what group comes next to your door to force access to your land?