Hunting 'Unposted' Private Land

[Allen]

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 .

First off, there's no "loophole" in the existing laws that allow a hunter to hunt your land. If a hunter shoots an animal and it crosses the boundary from where they have access to hunt to your land, they MUST leave their firearms and/or archery equipment behind. They can only access your property to retrieve their property, not to dispatch a wounded animal. Once they cross that fence while carrying a weapon, they are hunting without permission. Period, end of story. No excuse of "we shot one over there and it's now over here" because they aren't following the "loophole" as you see it.

If they run across the animal and it's still alive, they will either need to sit and watch it die a slow death, or they will need to back out and seek permission from you to take a weapon onto your property to finish the animal off.

 

[Weaver]

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

It wasn't meant to be a loophole but has turned into that , yes to the peril of landowners as all things fall that way because of those who abuse. Everyone else suffers. My point is in principal Do you want the government telling you who can be on your private property? Why does it work so well in all the other states? Yes as I stated earlier most landowners will gladly give consent to legal harvest, I would.
Most farmers/ranchers I know are uncomfortable with a bunch of strangers showing up suddenly uninvited on your land ( packing heavy heat) ( even if it is left outside the boundary ) and they have a trump card to play. I want my constitutional rights returned as a landowner. How is it okay to anyone who is a landowner to have that right taken for a special interest group.
Hunter behavior won't be changed by law as you state but let's not give them the means to carry out crime more easily.

 

[Weaver]

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

I believe they are categorized differently because they are personal property not public property as wildlife are.

 

[Obi-Wan]

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.

Nobody said you worked for a government agency.

Let me make this simple for you. the only answer is yes or no

ARE YOU WITH THE LOCKOUT CREW OR FARM BUREAU ?

riverview said:
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.

bravo said:
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

 

[Obi-Wan]

I believe they are categorized differently because they are personal property not public property as wildlife are.

once harvested wildlife becomes the property of the one who harvested it.

 

[guywhofishes]

 

[Weaver]

Nobody said you worked for a government agency.

Let me make this simple for you. the only answer is yes or no

ARE YOU WITH THE LOCKOUT CREW OR FARM BUREAU ?

riverview said:
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.

bravo said:
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

 

[Weaver]

once harvested wildlife becomes the property of the one who harvested it.

Depends if harvest was legal or not.

 

[Kurtr]

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.

They bail them and they cant do it till after july. It also helps with snow not plugging up roads when the wind is blowing. It makes road hunting chickens way easier with the ditches mowed to be able to see them. What is your take on small game should you be able to get a bird that is shot in the air and lands on private land. We have un unarmed retrieval here for small game. growing up pass shooting geese that happened all the time and never once had a farmer mad about it

 

[Weaver]

They bail them and they cant do it till after july. It also helps with snow not plugging up roads when the wind is blowing. It makes road hunting chickens way easier with the ditches mowed to be able to see them. What is your take on small game should you be able to get a bird that is shot in the air and lands on private land. We have un unarmed retrieval here for small game. growing up pass shooting geese that happened all the time and never once had a farmer mad about it

Me personally I would be fine with it. If you went to retrieve and wound up loitering there to push the grass etc there to scare up more birds to send across the roadway to waiting party members to shoot I would have a problem with it.
Again I am fine with retrieval of legally harvested animals but don't like the government giving that permission. It should be retained for the landowners. It's a loss of personal freedoms in my opinion and an over reach of government. It also creates a can of worms for landowners to limit access to only those invited. The criminal element has found a way to exploit this law. If you guys don't think this had led some farmers/ranchers to reduce habitat to ease the abuse you are only fooling yourselves.

 

[Trip McNeely]

Me personally I would be fine with it. If you went to retrieve and wound up loitering there to push the grass etc there to scare up more birds to send across the roadway to waiting party members to shoot I would have a problem with it.
Again I am fine with retrieval of legally harvested animals but don't like the government giving that permission. It should be retained for the landowners. It's a loss of personal freedoms in my opinion and an over reach of government. It also creates a can of worms for landowners to limit access to only those invited. The criminal element has found a way to exploit this law. If you guys don't think this had led some farmers/ranchers to reduce habitat to ease the abuse you are only fooling yourselves.

So you are proposing more laws to keep criminals from breaking laws?

 

[johnr]

Me personally I would be fine with it. If you went to retrieve and wound up loitering there to push the grass etc there to scare up more birds to send across the roadway to waiting party members to shoot I would have a problem with it.
Again I am fine with retrieval of legally harvested animals but don't like the government giving that permission. It should be retained for the landowners. It's a loss of personal freedoms in my opinion and an over reach of government. It also creates a can of worms for landowners to limit access to only those invited. The criminal element has found a way to exploit this law. If you guys don't think this had led some farmers/ranchers to reduce habitat to ease the abuse you are only fooling yourselves.

You must live east river, as I can count on one hand how many times me or a fellow hunter have needed to go unto posted land to retrieve a downed deer.

 

[Weaver]

So you are proposing more laws to keep criminals from breaking laws?

No Amending existing one to require landowner permission not government position. Return property rights to the landowners. We have too much big government in our lives already.

 

[Trip McNeely]

You must live east river, as I can count on one hand how many times me or a fellow hunter have needed to go unto posted land to retrieve a downed deer.

Those were my thoughts. Ive never had to enter private land to retrieve a deer. From the direction this thread is going one of two things is happening here. 1) you are dealing with some nefarious and poor excuses for hunters who are overall shitty people or have an isolated area with a few bad actors that is not representative to the entire state. Or…..2) you are sent here to cause division and plant a seed for upcoming legislation by a group or faction pushing an agenda. Which in and of itself is quite nefarious. You keep calling hunters “a special interest group” Ive never once heard individuals who engage in hunting call themselves that, nor reference other hunters that way…. Something’s stinky over here…..

 

[Trip McNeely]

No Amending existing one to require landowner permission not government position. Return property rights to the landowners. We have too much big government in our lives already.

So propose more government to reduce government?

 

[bravo]

It’s your right to call the warden or sheriff if someone is loitering and continuing to hunt after retrieving game. Another law just means more government. If you want to secede from the union and have your own isolated enclave good luck. Until then you live in a 1st world nation with regulations.

That “loophole” gives hunters maybe not the right, but the ability to retrieve their legal game. You want to take ability away.

 

[Weaver]

So propose more government to reduce government?

No Again change existing law to shift permission requirement. Trash the unconstitutional one seizing property rights from landowners.

 

[bravo]

Lol this is sad.

 

[Iwhackwheat]

There are plenty of places that make custom signs. How about "No Trespassing. Call landowner for game retrieval"?

 

[Trip McNeely]

No Again change existing law to shift permission requirement. Trash the unconstitutional one seizing property rights from landowners.

If this is truly an issue for you then I’d recommend calling the warden or sheriff if you see it happening or give names of those you suspect are doing it. They’d probably have a hard time lying to LE and would likely consider not doing it anymore. Otherwise you do seem to be pushing an overall agenda here which grows stinkier by the minute