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Author Topic: Poll - skinny public land access  (Read 2548 times)

Offline Stein

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Re: Poll - skinny public land access
« Reply #15 on: March 22, 2018, 04:40:12 PM »
That and I know that at least the warden in the area I am hunting uses On X on his phone to settle disputes.

Online Ghost Hunter

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Re: Poll - skinny public land access
« Reply #16 on: March 23, 2018, 09:17:58 PM »
I've made some new discovery with onyx.  I've also hunted small parcels years ago by studying the right maps before I had a gps.  A few of those in Okan. Co.
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Offline gee_unit360

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Re: Poll - skinny public land access
« Reply #17 on: March 24, 2018, 02:19:13 AM »

Trespass only occurs if you don't leave when asked. If you have any kind of credible evidence it would make it pretty hard for a Leo to charge you with trespass. 2c

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That's not great legal advice; no offense meant.

Agree that using the tracking on your GPS will likely persuade an LEO not to move forward with a citation, but if a landowner wants to bring an action, the GPS will be good evidence, but not determinative.


Also, “A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another...”

Offline BPturkeys

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Re: Poll - skinny public land access
« Reply #18 on: March 24, 2018, 05:39:24 AM »
When in question I check the county assessors online parcel maps. When you choose imagery you can usually pinpoint your location and ownership right down to within a foot or two. Much more accurate than your GPS or huntmaps on your cellphone, which at times can be many yards off. A good photo copy of the county assessors map can show detail as small as individual trees and rocks!

Many states, Wyoming being one of the worst, have laws that say "you are always guilty of trespass" unless on public land or private with written permission. The land owner NEVER has to post or in any other way identify the land as private. It is TOTALLY up to you to know the boundaries. Wyoming and other states that have these types of laws are VERY unfriendly to DIY hunters...hunt in these states at your own risk.

Offline Special T

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Re: Poll - skinny public land access
« Reply #19 on: March 24, 2018, 06:32:22 AM »

Trespass only occurs if you don't leave when asked. If you have any kind of credible evidence it would make it pretty hard for a Leo to charge you with trespass. 2c

Sent from my SAMSUNG-SM-G930A using Tapatalk

That's not great legal advice; no offense meant.

Agree that using the tracking on your GPS will likely persuade an LEO not to move forward with a citation, but if a landowner wants to bring an action, the GPS will be good evidence, but not determinative.


Also, “A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another...”
If it's not fenced, posted or cultivated how are you gonna know you were purposely trespassing? Especially since we are talking about a pice of public land you have researched that does have access?

I've tried to have some one charged with trespass, and it's a joke. I'm not saying go hunt folks land trespassing, but I don't think it is the same deterent as you do.

This of course is in reference to Washington as I have no idea about how other states roll on this issue.

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Offline j_h_nimrod

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Re: Poll - skinny public land access
« Reply #20 on: March 24, 2018, 08:07:00 AM »
When in question I check the county assessors online parcel maps. When you choose imagery you can usually pinpoint your location and ownership right down to within a foot or two. Much more accurate than your GPS or huntmaps on your cellphone, which at times can be many yards off. A good photo copy of the county assessors map can show detail as small as individual trees and rocks!

I have found as many errors in the assessor GIS map sites as the hunt maps on my phone, which makes sense since many of these programs are based on the assessors maps and line up perfectly.  Some even give you land owner names n contact info directly off of the assessors lists. You also have satellite overlays that give you the same picture you can copy from the assessors maps. Most assessors map sites I have used have the same liability waiver to accept as mapping programs making them not responsible for errors in the maps and informing the user it is for informational purposes only.

It didn’t do me any good from a hunting standpoint, but I once found a place where a fence was ran ~50’ onto public land for 1/2 mile or so. I confirmed by actually finding monuments marking land corners. My phone gps and map program had it right on.

Offline Skyvalhunter

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Re: Poll - skinny public land access
« Reply #21 on: March 24, 2018, 08:33:32 AM »
I do it without onx. its where a corner piece of state intersects a county road.  I know the fence corner is state and it is accessible from the easement of the county road.   

I also do it with a duck photography spot.   Wildlife section is about 20 feet wide. About 100 yards in it widens to a much bigger piece of land
Is that where that state land comes down to 97 or the one just outside of town on the backroad near to Pa's old place

Offline fireweed

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Re: Poll - skinny public land access
« Reply #22 on: March 26, 2018, 08:28:39 AM »

Trespass only occurs if you don't leave when asked. If you have any kind of credible evidence it would make it pretty hard for a Leo to charge you with trespass. 2c

Sent from my SAMSUNG-SM-G930A using Tapatalk

That's not great legal advice; no offense meant.

Agree that using the tracking on your GPS will likely persuade an LEO not to move forward with a citation, but if a landowner wants to bring an action, the GPS will be good evidence, but not determinative.


Also, “A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another...”

don't forget this part:
 "A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.

Offline boneaddict

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Re: Poll - skinny public land access
« Reply #23 on: March 26, 2018, 08:37:00 AM »
I do it without onx. its where a corner piece of state intersects a county road.  I know the fence corner is state and it is accessible from the easement of the county road.   

I also do it with a duck photography spot.   Wildlife section is about 20 feet wide. About 100 yards in it widens to a much bigger piece of land
Is that where that state land comes down to 97 or the one just outside of town on the backroad near to Pa's old place
Couple of them actually. The backroad is one of them

Offline birddogdad

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Re: Poll - skinny public land access
« Reply #24 on: March 26, 2018, 08:50:23 AM »
always do your homework. I have had people challenge me and even say if they catch me again they will have me arrested on some SDS lands down south.. They were simply wanting to have land all to themselves. I went to SDS hdqtrs and discussed with the land manager brining my GPS and ONYX chip. I was fine, he also gave me his direct line to contact him if I ran into those who were posing as owners or workers...  The SDS land manager was pretty hot over it. I guess I was not the first to have this issue in the area.  I think he will cause that group some pain if I get my eyes on them this fall...I am looking forward to next fall and catching those guys pulling this stunt again.
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Offline Special T

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Re: Poll - skinny public land access
« Reply #25 on: March 26, 2018, 08:55:32 AM »
always do your homework. I have had people challenge me and even say if they catch me again they will have me arrested on some SDS lands down south.. They were simply wanting to have land all to themselves. I went to SDS hdqtrs and discussed with the land manager brining my GPS and ONYX chip. I was fine, he also gave me his direct line to contact him if I ran into those who were posing as owners or workers...  The SDS land manager was pretty hot over it. I guess I was not the first to have this issue in the area.  I think he will cause that group some pain if I get my eyes on them this fall...I am looking forward to next fall and catching those guys pulling this stunt again.
Take pictures with the phone!

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In archery we have something like the way of the superior man. When the archer misses the center of the target, he turns round and seeks for the cause of his failure in himself. 

Confucius

Offline Stein

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Re: Poll - skinny public land access
« Reply #26 on: March 26, 2018, 10:03:27 AM »
Interesting, I thought there was not requirement to post the land, must have seen that in another state.  WDFW beats around the bushes, but you can read between the lines:

Quote
Does private property need to be posted in Washington State in order for trespass rules to be enforced?
No. If the land has indications of private ownership, such as buildings, fences, or signs, you cannot go onto the land without the landowner’s or tenant’s permission, if you go onto land despite seeing or being aware of No Trespassing signs, you can be cited for trespassing. If you trespass on private property that is not posted with signs or fenced, or is only sparsely posted with signs or fenced, and you refuse to leave the property when asked to do so by the property owner, you can be cited for trespass.

Offline yakimanoob

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Re: Poll - skinny public land access
« Reply #27 on: March 28, 2018, 04:01:37 PM »
Turn tracking on with the GPS. It will record where you walk. If the map shows you were on public ground the entire way you would have a solid defense if challenged.

 :yeah:

GPS is typically accurate to +/- 5 yards, so if the private on both sides is VERY stringently protected, I'd do it with a 10 yard sliver of public.  If it's unused/unwatched private on either side, I'd walk a 1 yard stripe of public. 

Sounds like you've found a great spot  :tup:

Offline yakimanoob

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Re: Poll - skinny public land access
« Reply #28 on: March 28, 2018, 04:05:06 PM »
always do your homework. I have had people challenge me and even say if they catch me again they will have me arrested on some SDS lands down south.. They were simply wanting to have land all to themselves. I went to SDS hdqtrs and discussed with the land manager brining my GPS and ONYX chip. I was fine, he also gave me his direct line to contact him if I ran into those who were posing as owners or workers...  The SDS land manager was pretty hot over it. I guess I was not the first to have this issue in the area.  I think he will cause that group some pain if I get my eyes on them this fall...I am looking forward to next fall and catching those guys pulling this stunt again.

SDS is a client of the company I work for.  Their mgmt team has always been great to work with, so this is what I would have expected from them.   :tup:

Offline Stein

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Re: Poll - skinny public land access
« Reply #29 on: March 28, 2018, 05:08:16 PM »
Turn tracking on with the GPS. It will record where you walk. If the map shows you were on public ground the entire way you would have a solid defense if challenged.

 :yeah:

GPS is typically accurate to +/- 5 yards, so if the private on both sides is VERY stringently protected, I'd do it with a 10 yard sliver of public.  If it's unused/unwatched private on either side, I'd walk a 1 yard stripe of public. 

Sounds like you've found a great spot  :tup:

Who knows, it looks prime but there may be four rigs parked there when I show up.  So far, I have found a few spots like this and they have been golden so I hope that keeps up.

 

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