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No Trespass Prognostication
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<blockquote data-quote="guywhofishes" data-source="post: 243122" data-attributes="member: 337"><p>As both a landowner and a hunter who hunts unposted private land, I'd like to understand what the effects of a no trespass law would have in ND. A few things come to mind but I'd like to hear from others including those that live in states that already have such a law and get your perspectives.</p><p></p><p>I'm not looking for general opinions of pro/con (I know the answer ha ha) as much as I'm looking for prognostication with regards to how it will play out if such a law were to pass. </p><p></p><p>I'm not convinced that it's all good and no bad for landowners - even for landowners who don't hunt anyone else's property. Here's what's rattling around in my head on this issue.</p><p></p><p>1. I've asked this before but forget the answer: Other states have no-trespass laws but people post most everything regardless. Why is this? Is it because in western MN people visiting from ND trespass if there are no signs because they are used to that system "at home"? So it seems like nobody is going to be freed from the task/expense of posting their land - at least not for a generation. True or false?</p><p></p><p>2. Will there suddenly be much more pressure on PLOTS, game management, state, etc.? Or will permission calls just increase a lot and people will continue to hunt unposted land, but after having obtained permission.</p><p></p><p>3. I understand it's not that easy/common for enforcement of no trespass. And law enforcement, not wardens, handle this. Won't enforcement calls "go through the roof" and create an overwhelmed law enforcement situation? I can't imagine the uptick each season opener.</p><p></p><p>4. Some people were born to cheat. Right now there's a lot of land unposted so they're "satisfied with what they have to hunt", with an occasional cheat here/there if they see game while driving around. If suddenly everything is posted, will this create more people that have a chip on their shoulder about landowners and develop an "oh well, I'll just hunt wherever" attitude. True or false?</p><p></p><p>5. What's the current trespass penalty? - and is it sufficient to act as a deterrent?</p><p></p><p>6. Would a no trespass law prevent jackholes from tearing down signs and offering up the "I didn't see the poster" or "I didn't see a signature" type excuses? That would be a pro I guess. No more excuses for cheating.</p><p></p><p>7. Would a tax-payer supported program involving no-cost installation of "walk-in" posting for landowners who don't care maybe take the sting out of things for the non-landowners?</p><p></p><p>8. Would poaching increase?</p><p></p><p>These are just a few things I wonder about. In general, it seems like mostly a losing situation for <strong>both </strong>landowners and non landowners, but maybe it'll just "be different" but will all work itself out in the end? </p><p></p><p>One thing I can't figure out is what is so broken now that landowners with power/influence need to change it? If they have land, then the majority of them also have the $ to post and the influence to get law enforcement to prosecute. What are landowners actually gaining from such a law? If it's simply freedom from the expense/hassle of posting that seems minor. Is it freedom from the "excuse" guys who claim it wasn't posted properly? What's genuinely driving this movement? I wish I had a better appreciation for the landowner perspective.</p></blockquote><p></p>
[QUOTE="guywhofishes, post: 243122, member: 337"] As both a landowner and a hunter who hunts unposted private land, I'd like to understand what the effects of a no trespass law would have in ND. A few things come to mind but I'd like to hear from others including those that live in states that already have such a law and get your perspectives. I'm not looking for general opinions of pro/con (I know the answer ha ha) as much as I'm looking for prognostication with regards to how it will play out if such a law were to pass. I'm not convinced that it's all good and no bad for landowners - even for landowners who don't hunt anyone else's property. Here's what's rattling around in my head on this issue. 1. I've asked this before but forget the answer: Other states have no-trespass laws but people post most everything regardless. Why is this? Is it because in western MN people visiting from ND trespass if there are no signs because they are used to that system "at home"? So it seems like nobody is going to be freed from the task/expense of posting their land - at least not for a generation. True or false? 2. Will there suddenly be much more pressure on PLOTS, game management, state, etc.? Or will permission calls just increase a lot and people will continue to hunt unposted land, but after having obtained permission. 3. I understand it's not that easy/common for enforcement of no trespass. And law enforcement, not wardens, handle this. Won't enforcement calls "go through the roof" and create an overwhelmed law enforcement situation? I can't imagine the uptick each season opener. 4. Some people were born to cheat. Right now there's a lot of land unposted so they're "satisfied with what they have to hunt", with an occasional cheat here/there if they see game while driving around. If suddenly everything is posted, will this create more people that have a chip on their shoulder about landowners and develop an "oh well, I'll just hunt wherever" attitude. True or false? 5. What's the current trespass penalty? - and is it sufficient to act as a deterrent? 6. Would a no trespass law prevent jackholes from tearing down signs and offering up the "I didn't see the poster" or "I didn't see a signature" type excuses? That would be a pro I guess. No more excuses for cheating. 7. Would a tax-payer supported program involving no-cost installation of "walk-in" posting for landowners who don't care maybe take the sting out of things for the non-landowners? 8. Would poaching increase? These are just a few things I wonder about. In general, it seems like mostly a losing situation for [B]both [/B]landowners and non landowners, but maybe it'll just "be different" but will all work itself out in the end? One thing I can't figure out is what is so broken now that landowners with power/influence need to change it? If they have land, then the majority of them also have the $ to post and the influence to get law enforcement to prosecute. What are landowners actually gaining from such a law? If it's simply freedom from the expense/hassle of posting that seems minor. Is it freedom from the "excuse" guys who claim it wasn't posted properly? What's genuinely driving this movement? I wish I had a better appreciation for the landowner perspective. [/QUOTE]
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