No trespass

[Sum1]

I’m all for it if they open the ditches up to hunting.

 

[Sotaman]

Anybody know KDMs shoe size? Asking for a friend.

11.5W

 

[jdinny]

its a slippery slope and i see the landowners side of it but if they ( landowners) think this will pass without pressure being put on legislatirs to open up road ditches and other public easements they are delusional. it will most certainly happen maybe not immediately but it will happen.

- - - Updated - - -

I’m all for it if they open the ditches up to hunting.

you and the rest of the general public.

 

[zoops]

I guess I don't feel it would change things much. I find so little unposted land anymore; the only thing this would change is that you'd probably need a mapping program to figure out who the landowner is instead of seeing it on a posted sign (although a good chunk of those don't have a name anyway). I pretty much only hunt pheasants & waterfowl and I wouldn't say I hunt real prime areas either; although I'm guessing some areas of the state have more unposted land.

 

[scrotcaster]

itll come up in this next legislative session in January again. recent ND outdoors had an Q/A in regards to it.

- - - Updated - - -

I would suspect of this bill passes which it will at some point would also suspect ND will open road ditches to hunting as there are a public right of way.

Correct me if iam wrong but wouldn't it require an public voted measure to change the law and not via the legislature?

 

[Allen]

it didn’t do that in Sodak

Oh, I think there are plenty of pay to hunt places in SD. I do wonder though if it's more than what we already have in ND?

One big difference though is that in SD you are allowed to ditch hunt. The general thought up here is that the ditches remain under the control of the adjoining landowner, who does actually still own the ditch. So if the land on the side of the road is posted, the ditch is also closed to hunting unless it's a federal or state road where the land the road sits on is actually owned by the public. And go ahead and try to find a coherent map of those roads!

- - - Updated - - -

Correct me if iam wrong but wouldn't it require an public voted measure to change the law and not via the legislature?

No. The legislature can surely do it. Initiated measures are generally for topics the legislature doesn't want to tackle, for whatever reason.

 

[Kurtr]

Oh, I think there are plenty of pay to hunt places in SD. I do wonder though if it's more than what we already have in ND?

One big difference though is that in SD you are allowed to ditch hunt. The general thought up here is that the ditches remain under the control of the adjoining landowner, who does actually still own the ditch. So if the land on the side of the road is posted, the ditch is also closed to hunting unless it's a federal or state road where the land the road sits on is actually owned by the public. And go ahead and try to find a coherent map of those roads!

- - - Updated - - -



No. The legislature can surely do it. Initiated measures are generally for topics the legislature doesn't want to tackle, for whatever reason.

there is alot of pay places i work at one helping guide. Yes we have WAY more pheasant hunting operations than in ND but when i first moved here i knew no one. I asked people in December to pheasant hunt and they let me. It is all i have ever known so i have always done it. I have no opinion on what you should do in ND I am just giving reference on how it is here its not the end of the world and all of a sudden all places to hunt dont go away. I think that ditches should be fair game as they are public property.

 

[shorthairman]

In NE we have to gain permission whether land is posted or not, and road ditches are OFF LIMITS no matter what. Started hunting in the 80's and I think it has been that way ever since. I vaguely remember my dad mentioning something from time to time about land not being posted and hunting it, but he may have also had permission from the landowner. I have never know anything different, but I would think that it gives the good respectful hunter a upper hand. Some private land, and lakes for that matter, that I hunted and fished growing up got "shut down" because of disrespectful users (leaving trash, driving off trails, driving through fences, leaving gates open, etc.) I just go up and knock on the door and say my son and I would like to walk that fence line. Sometimes they say no, but often they say yes. If it produces birds I usually clean one and take it back as a thank you. And then they tell you of other places they have where they see birds and let you hunt that as well. Yes it is a hassle to track down a landowner to gain permission at times, but its not the end of the world. I would say most of you guys that hunt un-posted land, probably already know that landowner, and chances are pretty good that they would be willing to continue to let you hunt even if the law changes. Just my .02

By the way, we have very few game farms also.

 

[Fishmission]

Anybody know KDMs shoe size? Asking for a friend.

 

[Enslow]

I have a piece of advice don’t call a landowner and ask to schedule dates to hunt. Maybe butter them up a little first and break the ice haha.

 

[Captain Ahab]

One of my buddies had a guy stop him in the tractor and ask him not to work the field until after the weekend because he wanted to hunt waterfowl on it(no poster). Buddy was like, I am going to get my work done. Ha ha. Some guys got gall.

 

[espringers]

amazing^^^

 

[db-2]

Being old I just hate new rules as they are done for someone's agenda and not usually mine. It is just fine the way it is.
One time a guy said if I post his land I could hunt grouse on it. 10,000 acres to post, never did get it all posted.

I only hunt whitetail with a bow and I have all the places I need to hunt and they are all posted.

I feel it would benefit me if all posted but I to would vote no. However, sometimes I need the deer chased back to my plot so need hunters next door for that. See only a benefit to those with personal agendas who do not care about other hunters and if they can hunt or not. Yes it is not hard to ask when you get old but when I was young I hated getting my butt chew everytime I went into a farmers yard. db

 

[Enslow]

I’m amazed how many landowners still allow people on with all the liability these days.

 

[Obi-Wan]

I’m amazed how many landowners still allow people on with all the liability these days.

I believe the law is on the landowners side for accidents unless he does something intentional like placing a rock in the middle of a section line

CHAPTER 32-47
LANDOWNER IMMUNITY FOR TRESPASSER INJURY
32-47-01. Duty of care to trespasser.
A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of
care to a trespasser and is not subject to liability for any injury to a trespasser.
32-47-02. Exceptions to land possessor immunity.
1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability
for physical injury or death to a trespasser in the following situations:
(1) A land possessor has a duty not to harm the trespasser in a willful and
wanton manner, except as permitted under section 12.1-05-06, 12.1-05-07,
12.1-05-07.1, or 12.1-05-07.2;
(2) A land possessor that knows of the trespasser's presence on the premises
has a duty to exercise ordinary care to avoid injuring that trespasser; and
(3) A land possessor may be subject to liability for physical injury or death to a
child trespasser resulting from an artificial condition on the land if:
(a) The possessor knew or had reason to know that children were likely to
trespass at the location of the condition;
(b) The condition is one the possessor knew or reasonably should have
known involved an unreasonable risk of death or serious bodily harm
to children;
(c) The injured child did not discover the condition or realize the risk
involved in the condition or coming within the area made dangerous
by it;
(d) The utility to the possessor of maintaining the condition and the
burden of eliminating the danger were slight as compared with the risk
to the child involved; and
(e) The land possessor failed to exercise reasonable care to eliminate the
danger or otherwise protect the injured child.
b. For purposes of this subsection, "artificial condition" means a structure or other
manmade condition and does not include living animals.
2. This section does not affect chapter 53-08.
3. This section does not create or increase the liability of any person or entity

 

[Davey Crockett]

Gotta be insured to the hilt that's for sure. In my neck of the woods it's not so much hunters but people out driving around on 4 wheelers and snowmobiles. I don't mind the snowmobiles so much if they are just enjoying some powder and don't chase the wildlife but now we are starting to get some pretty big groups on wheelers , Once they get familiar with an area they come back "scouting" during hunting season and spook the crap out of everything. What gets me is there are designated trails for them to ride on. On the other hand I don't want people going down the list and have the phone ringing off the hook wondering if it's ok to hunt or not. Kurt and shorthairman, Is there any such thing in your areas as "Unposted signs" Something like "Go ahead and hunt just be respectful" Not sure which way I'd lean if this came to a vote. Not being a smartass but serious question, If you own land , Doesn't matter if it's a lot in town or 5 acres or a 1/4 section , Would you be ok with wheelers and snowmobiles crossing your property on a regular basis ?

 

[Obi-Wan]

Gotta be insured to the hilt that's for sure. In my neck of the woods it's not so much hunters but people out driving around on 4 wheelers and snowmobiles. I don't mind the snowmobiles so much if they are just enjoying some powder and don't chase the wildlife but now we are starting to get some pretty big groups on wheelers , Once they get familiar with an area they come back "scouting" during hunting season and spook the crap out of everything. What gets me is there are designated trails for them to ride on. On the other hand I don't want people going down the list and have the phone ringing off the hook wondering if it's ok to hunt or not. Kurt and shorthairman, Is there any such thing in your areas as "Unposted signs" Something like "Go ahead and hunt just be respectful" Not sure which way I'd lean if this came to a vote. Not being a smartass but serious question, If you own land , Doesn't matter if it's a lot in town or 5 acres or a 1/4 section , Would you be ok with wheelers and snowmobiles crossing your property on a regular basis ?

Davey are they driving right through your farm yard?

 

[Davey Crockett]

Not so much through the yard but I can hear them and see trails out back. Some on the on the outskirts of the yard where I have a few old cars stashed away.

 

[sweeney]

In NE we have to gain permission whether land is posted or not, and road ditches are OFF LIMITS no matter what. Started hunting in the 80's and I think it has been that way ever since. I vaguely remember my dad mentioning something from time to time about land not being posted and hunting it, but he may have also had permission from the landowner. I have never know anything different, but I would think that it gives the good respectful hunter a upper hand. Some private land, and lakes for that matter, that I hunted and fished growing up got "shut down" because of disrespectful users (leaving trash, driving off trails, driving through fences, leaving gates open, etc.) I just go up and knock on the door and say my son and I would like to walk that fence line. Sometimes they say no, but often they say yes. If it produces birds I usually clean one and take it back as a thank you. And then they tell you of other places they have where they see birds and let you hunt that as well. Yes it is a hassle to track down a landowner to gain permission at times, but its not the end of the world. I would say most of you guys that hunt un-posted land, probably already know that landowner, and chances are pretty good that they would be willing to continue to let you hunt even if the law changes. Just my .02

By the way, we have very few game farms also.

That's why Nebraska sucks and so do the corn huskers....bad

 

[Kurtr]

Gotta be insured to the hilt that's for sure. In my neck of the woods it's not so much hunters but people out driving around on 4 wheelers and snowmobiles. I don't mind the snowmobiles so much if they are just enjoying some powder and don't chase the wildlife but now we are starting to get some pretty big groups on wheelers , Once they get familiar with an area they come back "scouting" during hunting season and spook the crap out of everything. What gets me is there are designated trails for them to ride on. On the other hand I don't want people going down the list and have the phone ringing off the hook wondering if it's ok to hunt or not. Kurt and shorthairman, Is there any such thing in your areas as "Unposted signs" Something like "Go ahead and hunt just be respectful" Not sure which way I'd lean if this came to a vote. Not being a smartass but serious question, If you own land , Doesn't matter if it's a lot in town or 5 acres or a 1/4 section , Would you be ok with wheelers and snowmobiles crossing your property on a regular basis ?

no there isn’t anything like that would be a cool idea though. I used to sled a lot loved it especially out in the mountains but we never left the trails down here. Out of respect for the guys who let trails on their land.