Hunting 'Unposted' Private Land

[Weaver]

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.

If that happens then law enforcement should have the option to decide based on the merits of the situation. I had a couple of young hunters chase 2 deer onto my posted place 2 years ago and before I got down to them 1 had shot at one of the deer. I called the warden and decided a warning was in store for them because of their ages. I told the warden I don't want any animal to go to waste so if they did hit one I wanted him to take it to the food bank and not reward them with the trespass.

 

[NDSportsman]

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?

Maybe just relax and enjoy life instead of constantly worrying about someone trespassing on your back quarter? Life's too damn short.

 

[bravo]

One incredibly rare instance that I personally have never once heard of happening and you think we need to write another law which would just close another door for law-abiding hunters. I can tell you’re either part of the lockout crew or the farm bureau from your “they think they are entitled to every square inch” bullshit.

 

[Weaver]

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.

Thanks for your response but yes I do know of farmers taking habitat out because they are sick and tired of every year having to put with the wounded deer stories. So they reduce habitat to reduce the amount of temptation. Not all want to , I know a guy( hunter also)who bought 300 acres just to develop habitat for wildlife. He said I want to create this incubator so the surplus animals can go outside to neighbors and surrounding area where they can hunt them. What happened instead was they crashed his incubator ( sanctuary) and killed the brood stock. He had 4 wounded deer stories the second year of efforts alone . now it's a wheat field and a grazed to dirt cow pasture .
You believe some SD landowners mow their ditches to golf course height just for the economics? Go ask a few of them.

 

[Weaver]

One incredibly rare instance that I personally have never once heard of happening and you think we need to write another law which would just close another door for law-abiding hunters. I can tell you’re either part of the lockout crew or the farm bureau from your “they think they are entitled to every square inch” bullshit.

Sounds like you are the one pushing for control of every square inch by a forceful access law. Is that what you would accept for your home? You really want the government saying who can come into your home? A farm/ranch is home to many.

 

[Weaver]

One incredibly rare instance that I personally have never once heard of happening and you think we need to write another law which would just close another door for law-abiding hunters. I can tell you’re either part of the lockout crew or the farm bureau from your “they think they are entitled to every square inch” bullshit.

No not another law. Amending the current one to close the loophole for the criminal element

 

[v193]

Thanks for your response but yes I do know of farmers taking habitat out because they are sick and tired of every year having to put with the wounded deer stories. So they reduce habitat to reduce the amount of temptation. Not all want to , I know a guy( hunter also)who bought 300 acres just to develop habitat for wildlife. He said I want to create this incubator so the surplus animals can go outside to neighbors and surrounding area where they can hunt them. What happened instead was they crashed his incubator ( sanctuary) and killed the brood stock. He had 4 wounded deer stories the second year of efforts alone . now it's a wheat field and a grazed to dirt cow pasture .
You believe some SD landowners mow their ditches to golf course height just for the economics? Go ask a few of them.

definately sounds easier than eposting

 

[bravo]

Sounds like you are the one pushing for control of every square inch by a forceful access law. Is that what you would accept for your home? You really want the government saying who can come into your home? A farm/ranch is home to many.

Now I’m 100% certain.

 

[Weaver]

Maybe just relax and enjoy life instead of constantly worrying about someone trespassing on your back quarter? Life's too damn short.

Would love to , but when you have children playing in the yard or a hired man fixing fence during deer hunting season and people are using this damn loophole in the law to trespass and they have other members firing away outside the boundary it's not as easy as you think.

 

[Weaver]

Now I’m 100% certain.

your 100% fails. I am a landowner ( only) who has had multiple issues with abuse of the law.
It's funny also some insist on your name being on the posted sign . I do abide by it but why do you feel a need to know us but by this law you are permitted to trespass on us unidentified?

 

[bravo]

You must have me confused or your brain is so hyper focused on trespassers that you’re making up a conversation that never happened. These are almost word for word responses I received when I emailed legislators opposition to the e-posting laws. Next one should be something about camping and leaving trash in my front yard as if it’s a comparison to farm land. My land is a half day drive away. Haven’t been out there since opening weekend. Haven’t lost a wink of sleep thinking about trespassers.

Go watch more Yellowstone you Dutton wannabe.

 

[Weaver]

You must have me confused or your brain is so hyper focused on trespassers that you’re making up a conversation that never happened. These are almost word for word responses I received when I emailed legislators opposition to the e-posting laws. Next one should be something about camping and leaving trash in my front yard as if it’s a comparison to farm land. My land is a half day drive away. Haven’t been out there since opening weekend. Haven’t lost a wink of sleep thinking about trespassers.

Go watch more Yellowstone you Dutton wannabe.

Well good for you. I have no affiliation with any government agency. Whether a landowner posts land physically or eposts it makes no difference to me. The intent is the same. My position is permission to trespass should be granted by the landowner alone and not the government taking that right away.
It's that way in nearly every state so it works for them. The loophole for abuse is closed to the criminal element .

 

[Trip McNeely]

Would love to , but when you have children playing in the yard or a hired man fixing fence during deer hunting season and people are using this damn loophole in the law to trespass and they have other members firing away outside the boundary it's not as easy as you think.

It’s not a loophole…. They have an intent to break a law. If they were going after a legitimate wounded deer they would be legal. More often than not those who actually need to go on someone’s land will call them. Most hunters I know do this. My brother wounded a buck bow hunting this fall. He called the adjacent landowner and told him the story and showed him pictures of the arrow and blood to verify he’s not a dusch. What you are describing are people who have intent to break laws. This is exactly like any other law debate. Creating or changing a law
WILL NOT change those who already are intent to break a law. Period

 

[Tymurrey]

It’s crazy to me how hunting season can bring out the worst in people. As a landowner I see some of the struggles, the drag marks in fresh snow that weren’t there the night before, the people stopping to shoot at ditch birds then speeding away. I’ve done dumb shit when I was younger so I give a little leeway to kids but at some point people have to grow up. But when you have something others want or are jealous of there will always be those trying to exploit it for themselves or find ways to blame you for what you have and they don’t.

 

[Trip McNeely]

Well good for you. I have no affiliation with any government agency. Whether a landowner posts land physically or eposts it makes no difference to me. The intent is the same. My position is permission to trespass should be granted by the landowner alone and not the government taking that right away.
It's that way in nearly every state so it works for them. The loophole for abuse is closed to the criminal element .

If your cattle break out and get into my pasture do you need permission to get them? What if I say no?

 

[Iwhackwheat]

This situation reminds me a lot of gun laws. It’s like someone thinking “If I can keep everyone from buying 25 rd magazines for their 22s, it’s going to lower the murder rate in Chicago.“

 

[Allen]

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?

If you are talking about the Constitutionality of ND's laws that require a hunter to attempt a retrieval of game shot on one property that wanders over onto another's posted property, you are wrong. Two of my neighbors got into this predicament a few years ago where one had to get the Warden and a Deputy Sheriff to accompany him onto his neighbor's land to retrieve a mortally wounded buck. Ended up with the obstinate landowner suing both the hunter and the State for violating his property rights. The case took a while, but the hunter and the State laws requiring an attempt to retrieve his quarry held up in court.

So far as I know, there was no beef between the two ahead of this incident.

 

[Allen]

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.

Probably the bigger reason is to make sure you have freshly hung signs out for the opening of the seasons that want you to post the land in the first place. I've known a number of landowners that generally don't care if a person wants to chase birds, so they don't do the rounds and post their land until just before deer gun opener.

My stepdad is one of them.

 

[Allen]

If your cattle break out and get into my pasture do you need permission to get them? What if I say no?

Seems to me there was actually a scenario just like this a few years ago up by Lakota. Eventually, the landowner who prevented someone from claiming their property got arrested, if I remember this correctly.

 

[Freedom]

Sure would be nice if we still had someone familiar with the ND legal system on this site