Land Owners Posting Public Land

[bigtex]

I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.

Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.

I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.

Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged

In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.

I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them 

Why couldn't they be charged with "Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife" which is a misdemeanor?  By posting their land and telling me I can't go on, they are interfering with me.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:

     (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

     (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

     (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

Because the actual violation is RCW 77.15.160(4)(c):

Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160

Which is an infraction.

In the RCW Bob posted the term "interfer" typically is referred to when someone comes out and starts banging pots and pans when they see you sneaking up on a deer for example. In fact RCW 77.15.210 is rarely used because it can be hard to prove.

[CAMPMEAT]

Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.

Campmeat,

Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.

I thought it was unusual since I know all the landowners up there, all 2 of them..

[bigtex]

Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.

Campmeat,

Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.

I thought it was unusual since I know all the landowners up there, all 2 of them..

And it may be someone stole a WDFW sign and posted it to keep someone away, thinking it looks more official. I have seen timber company no trespassing signs many miles away from any of their property.

[Bob33]

I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.

Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.

I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.

Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged

In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.

I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them 

Why couldn't they be charged with "Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife" which is a misdemeanor?  By posting their land and telling me I can't go on, they are interfering with me.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:

     (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

     (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

     (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

Because the actual violation is RCW 77.15.160(4)(c):

Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160

Which is an infraction.

In the RCW Bob posted the term "interfer" typically is referred to when someone comes out and starts banging pots and pans when they see you sneaking up on a deer for example. In fact RCW 77.15.210 is rarely used because it can be hard to prove.

If the land is posted illegally then it's an infraction. If the owner comes out, harasses me and tries to stop me, then I'm calling enforcement and will ask them to cite him for unlawful interference if he sticks around.  Bring it on, you dirty landowners.

[CAMPMEAT]

Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.

Campmeat,

Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.

I thought it was unusual since I know all the landowners up there, all 2 of them..

And it may be someone stole a WDFW sign and posted it to keep someone away, thinking it looks more official. I have seen timber company no trespassing signs many miles away from any of their property.

I bet the kid did it. Never thought of that, but he's 30.

[huntnphool]

Isn't it interesting that it says PRIVATE ROAD NO TRESPASSING in big bold letters and then "on deeded land" below it in smaller text.

[Bob33]

Isn't it interesting that it says PRIVATE ROAD NO TRESPASSING in big bold letters and then "on deeded land" below it in smaller text.

I suppose an unscrupulous landowner could put a "NO TRESPASSING on deeded land" sign on public land, and hope people make an incorrect inference that the land behind it is deeded.

[boneaddict]

There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.

Still bugs the hell out of me and I wish I could get to the bottom of it.  His neighbor just did the same thing.  Tack on another couple thousand acres.

It would end up costing me some time in court but I seriously doubt they could convict me for hunting on that land since its been purchased by the state.

He still patrols it like its his own personal game farm too.

[huntnphool]

There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.

Still bugs the hell out of me and I wish I could get to the bottom of it.  His neighbor just did the same thing.  Tack on another couple thousand acres.

It would end up costing me some time in court but I seriously doubt they could convict me for hunting on that land since its been purchased by the state.

He still patrols it like its his own personal game farm too.

[Bean Counter]

I haven't read through all the posts but I think that if someone is posting public land as if it were private then they should do jail time. It should be a form of hunter harassment. Tough to prove, but if you catch 'em in the act.....

It all boils down to knowing where you're at when you're hunting.

[Mudman]

I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not. I kind of enjoy finding these conditions, especially if the landowner visits. When told that harassing and interfering with a legal hunt is criminal, and that I'd be glad to call the sheriff and wait for him to come clear it up, the landowner usually leaves in a huff.

Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.

I also have gps with landowner ID and have seen this a few times as well.

[bigtex]

I haven't read through all the posts but I think that if someone is posting public land as if it were private then they should do jail time. It should be a form of hunter harassment. Tough to prove, but if you catch 'em in the act.....

Effective Summer 2012 the possibility for jail time for unlawfully posting land was eliminated. Prior to 2012 it was a misdemeanor, it is now a infraction (fine only).

[Bean Counter]

  so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?

[bigtex]

so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?

Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.

[lokidog]

so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?

Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.

He was being facetious... the penalty for knowingly posting land that is not yours should be worse than accidentally trespassing.