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 It has been abused to excess and the wording or law should be repealed/ changed to revert full ownership to the landowner as it is in nearly every state.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 majority of the United States does it this way. 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?

 

[Iwhackwheat]

Weaver, you should investigate the difference between G&F rules and Century Code Laws. You can put up no trespassing signs and call the Sheriff, not the Warden on any violators.

 

[Eatsleeptrap]

Once again waiting patiently for the 5 paragraph response.

 

[riverview]

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?

Do you lobby for the farm bureau??? Taking the one law left on the books that lets a hunter lawfully go on posted private land to retrieve game shot legally. the way you are talking all pvt land should be fenced because some people trespass and break the law. Maybe all of nd should be considered posted? oh wait that's exactly what you want.

 

[wslayer]

Sign the fricken posters like the "proclamation states" so people who may need to retrieve on posted land know who the "f" to contact.
Hunters have to abide by the law, why not the landowners.
2 way street or don't bitch. . .

Maybe removing a few more tree rows will help the habitat recover.

 

[riverview]

ive noticed a pattern that every year the second weekend of pheasant season there is always new posted signs unsigned on land that was previously not posted

 

[Trip McNeely]

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?

The problem with “permission” in these cases is you and I both know damn well there’s a few people out there who turn into Scrooge mcfuckhunters during fall….. there would be deer going to rot intentionally because they like to say “no” as many times as they possibly can just to spite some fucked up experience they had 27 years ago. All while sipping old mill and yelling bah-humbug to their deaf, blind in one eye cattle dog.

 

[Weaver]

Weaver, you should investigate the difference between G&F rules and Century Code Laws. You can put up no trespassing signs and call the Sheriff, not the Warden on any violators.

I have always had no trespassing signs up and the way the law requires it. every 1/2 mile or at gate with fenced enclosure. Professionally made with name etc.
Are you saying one set of laws supersedes the other? please explain.

 

[Tymurrey]

Sign the fricken posters like the "proclamation states" so people who may need to retrieve on posted land know who the "f" to contact.
Hunters have to abide by the law, why not the landowners.
2 way street or don't bitch. . .

Maybe removing a few more tree rows will help the habitat recover.

Not sure if century code trumps proclamation but i believe century code is way more strict on no trespassing/no hunting signs than the proclamation. I don't want to start a fight but i think the century code only states that intent to post is good enough. Like one sign on the property is enough and doesn't need to be signed. I need to go reread it as it's been a long time but i don't think the whole not signing thing and not having properly posted according to proclamation matters much when the century code states something different. I think the century code also states you can have a higher blood alcohol content while hunting than driving as well just something i remember that seemed weird.

Edit: reading through century code quick and they are supposed to be signed i guess. I think i was wrong but the century code can be confusing to my small town educated brain.

 

[Weaver]

Do you lobby for the farm bureau??? Taking the one law left on the books that lets a hunter lawfully go on posted private land to retrieve game shot legally. the way you are talking all pvt land should be fenced because some people trespass and break the law. Maybe all of nd should be considered posted? oh wait that's exactly what you want.

I don't work for any government agency . I simply want the law amended to close the loophole it provides for the criminal element to succeed. You know ND is a free to hunt state as long as it's not posted and that is a great idea. ( leave it in the hands of landowners) not the government. There are so many places around here unposted or in plots etc. to hunt.
It's childish to want access to every square inch with a "if I can't have it all ,I don't want any mentality.

 

[Ruttin]

I get a kick out of landowners/farmers saying they are taking out trees and removing habitat because of law breaking hunters. Sadly it is not about that...its about the almighty dollar. In a perfect world there would be zero farm subsidies and each farmer would have to take up a side business like outfitting or guiding on there land to make ends meat. We are way beyond that scenario now...the habitat that has been lost over the last 25 years is not coming back.

 

[Weaver]

Sign the fricken posters like the "proclamation states" so people who may need to retrieve on posted land know who the "f" to contact.
Hunters have to abide by the law, why not the landowners.
2 way street or don't bitch. . .

Maybe removing a few more tree rows will help the habitat recover.

All property owners around here that have posted property have them signed. Some even date them as I have in the past. I agree ,the ones who don't follow that requirement have themselves to blame if someone pushes the issue.

 

[Weaver]

ive noticed a pattern that every year the second weekend of pheasant season there is always new posted signs unsigned on land that was previously not posted

I notice that also. Some are busy with harvest or forget when seasons start etc. Some just decide later on they don't want anyone there at the moment because of cattle placement or crop harvest etc.