What's new
Forums
Members
Resources
Whopper Club
Politics
Pics
Videos
Fishing Reports
Classifieds
Log in
Register
What's new
Search
Members
Resources
Whopper Club
Politics
Menu
Log in
Register
Install the app
Install
Forums
General
General Discussion
No Trespass Prognostication
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="njsimonson" data-source="post: 243166" data-attributes="member: 1507"><p><strong>TO ANSWER YOUR QUESTIONS FROM A PERSON WHO HAS LIVED IN ND, NEMN, SWMN AND NOW ND AGAIN...recognizing some of these are rhetorical...</strong></p><p></p><p><span style="color: #333333">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?</span></p><p><span style="color: #333333"></span></p><p><span style="color: #333333"></span><strong>The trespass law in MN is not a blanket no trespass law, there are exceptions for non-agricultural (ie: not tilled) land and forest land, whereby you have to post to exclude access, under the letter of the law. That's why most people still post their land, especially RIM, CREP, CRP and forest (all places where people hunt, basically), in MN.</strong></p><p></p><p><span style="color: #333333">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. <strong>Guaranteed. ND just does not have the WMA/WPA system that MN does, particularly SWMN, and with PLOTS in ND losing about 30% of its acres in the last 10 years, and MN gaining WIA land every year, the two states are going in the opposite direction - this bill would compound that for ND. ND also does not have the wide-ranging multi-million acre state and national forests of MN's northern tier either which provide basically unlimited public deer and grouse hunting. Also, it's way easier in MN to create WMAs. The process in ND is much more difficult in terms of purchase, conversion, state ownership and so on.</strong></span></p><p></p><p><span style="color: #333333">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. <strong>It's a statutory offense and relatively easy to enforce the law in court. If the land is posted properly, a first-year law student could prosecute the two elements, which are basically: 1) Was the land properly posted? 2) Did the defendant enter onto the property without permission? It's not a common offense, because the long-standing law we have in place is generally understood and easily followed by the landowners posting it and the people who want to access. </strong></span></p><p></p><p><span style="color: #333333">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? <strong>95% of people are generally good and law abiding and try to respect the rules at all times. Human nature doesn't change because the law changes.</strong></span></p><p></p><p><span style="color: #333333">5. What's the current trespass penalty? - and is it sufficient to act as a deterrent? <strong>Criminal Trespass on posted land is a B Misdemeanor, so up to 30 days in jail and $1,000 fine. That's sufficient. Second offense in 2 years is a A misdemeanor (NDCC 12.1-22-03)</strong></span></p><p></p><p><span style="color: #333333">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. <strong>No, because 5% of the population are jackholes. </strong></span></p><p></p><p><span style="color: #333333">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? <strong>Now we're just turning the problem on its head and then socializing the "not-posted" posting of land, making the people pay for a problem that didn't exist, and paying for landowners to manage their land. </strong></span></p><p></p><p><span style="color: #333333">8. Would poaching increase? <strong>No. 5% Jackholes / 95% Good people.</strong></span></p><p></p><p><span style="color: #333333">These are just a few things I wonder about. In general, it seems like mostly a losing situation for </span><strong>both landowners and non landowners, but maybe it'll just "be different" but will all work itself out in the end? </strong><strong> </strong></p><p><strong></strong></p><p><strong>It is, and it will only work out of this bill dies. Otherwise hunting as ND knows it dies with it. </strong></p><p><strong></strong></p><p><strong>If this bill passes, we've lost over a million acres of access...overnight. Maybe not a big deal to those who have land or access or only care about themselves, but huge to the kid just getting into hunting and the future of conservation. The more we restrict access, the less hunters we will have, and ultimately the less conservationists we'll have, making a growing problem worse. There is no fallback. This bill needs to die and its sponsors need to be held accountable in the next election by the people they're selling out. Also the Governor needs to stop silencing the NDG&F on this topic. </strong></p><p><strong></strong></p><p><strong>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. </strong></p><p><strong></strong></p><p><strong>As with all political moves, it's about money and power. A vocal minority with lots of money and power (Stockmen, Oil & Corporate Ag) paying off representatives and senators and the governor with campaign finance at the expense of the common man to get the only thing that people with power and money want...more power and more money. </strong></p><p><strong></strong></p><p><strong>I appreciate your well-reasoned questions. </strong></p></blockquote><p></p>
[QUOTE="njsimonson, post: 243166, member: 1507"] [B]TO ANSWER YOUR QUESTIONS FROM A PERSON WHO HAS LIVED IN ND, NEMN, SWMN AND NOW ND AGAIN...recognizing some of these are rhetorical...[/B] [COLOR=#333333]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? [/COLOR][B]The trespass law in MN is not a blanket no trespass law, there are exceptions for non-agricultural (ie: not tilled) land and forest land, whereby you have to post to exclude access, under the letter of the law. That's why most people still post their land, especially RIM, CREP, CRP and forest (all places where people hunt, basically), in MN.[/B] [COLOR=#333333]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. [B]Guaranteed. ND just does not have the WMA/WPA system that MN does, particularly SWMN, and with PLOTS in ND losing about 30% of its acres in the last 10 years, and MN gaining WIA land every year, the two states are going in the opposite direction - this bill would compound that for ND. ND also does not have the wide-ranging multi-million acre state and national forests of MN's northern tier either which provide basically unlimited public deer and grouse hunting. Also, it's way easier in MN to create WMAs. The process in ND is much more difficult in terms of purchase, conversion, state ownership and so on.[/B][/COLOR] [COLOR=#333333]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. [B]It's a statutory offense and relatively easy to enforce the law in court. If the land is posted properly, a first-year law student could prosecute the two elements, which are basically: 1) Was the land properly posted? 2) Did the defendant enter onto the property without permission? It's not a common offense, because the long-standing law we have in place is generally understood and easily followed by the landowners posting it and the people who want to access. [/B][/COLOR] [COLOR=#333333]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? [B]95% of people are generally good and law abiding and try to respect the rules at all times. Human nature doesn't change because the law changes.[/B][/COLOR] [COLOR=#333333]5. What's the current trespass penalty? - and is it sufficient to act as a deterrent? [B]Criminal Trespass on posted land is a B Misdemeanor, so up to 30 days in jail and $1,000 fine. That's sufficient. Second offense in 2 years is a A misdemeanor (NDCC 12.1-22-03)[/B][/COLOR] [COLOR=#333333]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. [B]No, because 5% of the population are jackholes. [/B][/COLOR] [COLOR=#333333]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? [B]Now we're just turning the problem on its head and then socializing the "not-posted" posting of land, making the people pay for a problem that didn't exist, and paying for landowners to manage their land. [/B][/COLOR] [COLOR=#333333]8. Would poaching increase? [B]No. 5% Jackholes / 95% Good people.[/B][/COLOR] [COLOR=#333333]These are just a few things I wonder about. In general, it seems like mostly a losing situation for [/COLOR][B]both landowners and non landowners, but maybe it'll just "be different" but will all work itself out in the end? [/B][B] It is, and it will only work out of this bill dies. Otherwise hunting as ND knows it dies with it. If this bill passes, we've lost over a million acres of access...overnight. Maybe not a big deal to those who have land or access or only care about themselves, but huge to the kid just getting into hunting and the future of conservation. The more we restrict access, the less hunters we will have, and ultimately the less conservationists we'll have, making a growing problem worse. There is no fallback. This bill needs to die and its sponsors need to be held accountable in the next election by the people they're selling out. Also the Governor needs to stop silencing the NDG&F on this topic. 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. As with all political moves, it's about money and power. A vocal minority with lots of money and power (Stockmen, Oil & Corporate Ag) paying off representatives and senators and the governor with campaign finance at the expense of the common man to get the only thing that people with power and money want...more power and more money. I appreciate your well-reasoned questions. [/B] [/QUOTE]
Verification
What is the most common fish caught on this site?
Post reply
Recent Posts
Fishing in Valley City
Latest: USMCGrunt
Today at 2:20 AM
I finally won a gun
Latest: SDMF
Today at 12:42 AM
Predictions for deer season 26
Latest: SDMF
Today at 12:33 AM
Burleigh co. Ditches debate
Latest: Achucker
Today at 12:22 AM
Chuck Norris~
Latest: Rowdie
Yesterday at 9:46 PM
Tea YT
Latest: svnmag
Yesterday at 9:30 PM
Shotgun Inserts YT
Latest: svnmag
Yesterday at 9:12 PM
The power of winter browse
Latest: bucksnbears
Yesterday at 8:54 PM
A-10 2026 YT
Latest: svnmag
Yesterday at 8:52 PM
.243 YT
Latest: Kurtr
Yesterday at 5:34 PM
NFL News (Vikings)
Latest: Eatsleeptrap
Yesterday at 12:29 PM
S
nebraska fire 600000 acres
Latest: snow2
Yesterday at 9:44 AM
P
It's getting worse every year.
Latest: PrairieGhost
Yesterday at 9:30 AM
New Garmin Electronics
Latest: lunkerslayer
Yesterday at 8:30 AM
Smoked Perch
Latest: wslayer
Yesterday at 7:22 AM
What are you listening to these days?
Latest: svnmag
Thursday at 7:59 PM
T
Here’s a fun ice fishing video
Latest: Travis wood outdoors
Thursday at 6:32 PM
R
Spring snows 26
Latest: riverview
Thursday at 5:32 PM
T
FREE food plot seed!!!
Latest: Traxion
Thursday at 2:01 PM
Cool new Gadgets
Latest: Rowdie
Thursday at 11:21 AM
I
1 buck, 2 states.
Latest: Iwhackwheat
Thursday at 8:35 AM
Drone defense!?!
Latest: svnmag
Wednesday at 11:00 PM
Steak Time!
Latest: svnmag
Wednesday at 10:49 PM
Friends of NDA
Forums
General
General Discussion
No Trespass Prognostication
Top
Bottom