Trespass Law Question

Whisky

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So if land has old signs that are not legible anymore can you legally hunt them and if there are new signs put up with no information on then as to who posts are they legal.

If you knowingly hunt land where the intent is there to post it, weather it's signed with a name or not, you are a giant douchebag, and the exact reason why landowners are pushing for "no trespass" laws.

FYI - the sheriff's departments requirements to charge someone with criminal trespass are much less than that of the NDGF.
 


scrotcaster

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If you knowingly hunt land where the intent is there to post it, weather it's signed with a name or not, you are a giant douchebag, and the exact reason why landowners are pushing for "no trespass" laws.

FYI - the sheriff's departments requirements to charge someone with criminal trespass are much less than that of the NDGF.

This is very accurate!
 

Tymurrey

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i believe the state century code states that there just has to be intent to post it, being signed or not makes no difference. The proclamation stated the spacing of the sign requirements but if i remember correctly the century code said that even one sign on a piece of property is intent to post and individuals could be charged for tresspassing. It's been awhile since i looked this all up so i could very easily be wrong.
 

lunkerslayer

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If you knowingly hunt land where the intent is there to post it, weather it's signed with a name or not, you are a giant douchebag, and the exact reason why landowners are pushing for "no trespass" laws.

FYI - the sheriff's departments requirements to charge someone with criminal trespass are much less than that of the NDGF.

I wasn't planning on nothing I was just asking a question, what is the issue is finding out who owns the land. Why doesn't the ndgf follow the same century codes then since I assuming the states century codes have precedence over ndgf. Wouldn't that make more sense since I clearly gave a screen shot of what the 2021 proclamation says. The one who would be a douchebag here would be the ndgf for providing conflicting information that could get someone into trouble when trouble isn't necessary.
 

Jiffy

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It's been like that for as long as I can remember.

Part of me wishes we would just go to a no trespass state and be done with it. F it....
 


AR-15

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We will get ditch hunting next year, the landowner maybe pays the taxes on half of the road, but the taxpayer's of the state pays thousands for the up keep on the road, shoot and holler shit
 

Retired Educator

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As I understand the issue, there is a difference between "Hunting without permission." and "Trespassing". Therefore two different sets of rules. may seem minor but they are the rules. For the hunting issue the signs are supposed to be signed, not necessary for trespassing is what I've been told. Either way if there is a sign I would error on the side of caution and treat it as intent to post. I've hunted long enough to know I don't like confrontations or pissing someone off. Much prefer to get along with landowners and have found very few who weren't at least cordial. Finding them sometimes is the most difficult part of getting permission.
 

Obi-Wan

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It's been like that for as long as I can remember.

Part of me wishes we would just go to a no trespass state and be done with it. F it....

their plan is working - By having it so fucked up many will throw their hand up and say fuckit , Eberle and the anti hunting clan will claim the only way to fix it will be to automatically no trespass.
 

8andcounting

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As I understand the issue, there is a difference between "Hunting without permission." and "Trespassing". Therefore two different sets of rules. may seem minor but they are the rules. For the hunting issue the signs are supposed to be signed, not necessary for trespassing is what I've been told. Either way if there is a sign I would error on the side of caution and treat it as intent to post. I've hunted long enough to know I don't like confrontations or pissing someone off. Much prefer to get along with landowners and have found very few who weren't at least cordial. Finding them sometimes is the most difficult part of getting permission.
This is exactly why I run NO Trespassing signs on my land instead of no hunting . I don’t want anyone in there unless they’ve asked , for hunting or any reason . Also , what does the century code say about trespass as far as a wounded deer goes ? I know what game and fish says and I don’t agree with them . If I have no trespassing signs to me that means no trespassing period . If a deer is legally shot and goes onto my land I’ll always let the person retrieve it as long as they let me know and communicate with me .
 

Migrator Man

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This is exactly why I run NO Trespassing signs on my land instead of no hunting . I don’t want anyone in there unless they’ve asked , for hunting or any reason . Also , what does the century code say about trespass as far as a wounded deer goes ? I know what game and fish says and I don’t agree with them . If I have no trespassing signs to me that means no trespassing period . If a deer is legally shot and goes onto my land I’ll always let the person retrieve it as long as they let me know and communicate with me .

A hunter can retrieve downed game on foot from posted land as long as they are unarmed. I don’t see the harm if they shot the animal legally.

Not the case in WY, in my area good luck getting permission to retrieve your animal. Let it rot I guess…..It’s the chance you take when hunting close to the property line. They keep buying up more and more land cutting us off from public land…….
 


8andcounting

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A hunter can retrieve downed game on foot from posted land as long as they are unarmed. I don’t see the harm if they shot the animal legally.

Not the case in WY, in my area good luck getting permission to retrieve your animal. Let it rot I guess…..It’s the chance you take when hunting close to the property line. They keep buying up more and more land cutting us off from public land…….
Says our GF . What does century code say ??? Trespassing is trespassing isn’t it ?
 

eyexer

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How many successful trespass prosecutions do we have on an annual basis?
 

snow1

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I hunt upland in several states,all but one has strick laws regarding trespass and ditch hunting,the most lenient state to date is south dakota in my book,minnesota only reguires ag land to be posted so far,altho haven't hunted minnesota in years,ditch hunting was legal in minn years ago,as the state owned public right-a-way 30' from dead center of road right-a-way,nebraska like nodak ,land posted means road right of way unless one has permission to adjacent land,kansas the same,road ditches in eastern colorado are open to upland hunting... darn good pheasant hunting near sterling colo all ditch hunting late season when crops are down december/january.
 

yellowlab

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Here you are. Straight from the century code.

And Retired Educator is correct. Hunting on posted property and criminal trespass are two different laws in the century code with different requirements.

20.1-01-19. When posted land may be entered.Any person may enter upon legally posted land to recover game shot or killed on landwhere the person had a lawful right to hunt.

Says our GF . What does century code say ??? Trespassing is trespassing isn’t it ?
 

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