No Trespassing Paint Legislation 3/7 Update

[Humptulips]

"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,

That is a very slippery slope indeed Bob, who is to say that the land is being used or not? All this would do is have guys saying "it didn't look like the land is being used" as an excuse to trespass.

The law sounds pretty clear to me. No fence, no improvements, no farming it's open to the public. Don't like it, post it or fence it.

[Bob33]

"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,

That is a very slippery slope indeed Bob, who is to say that the land is being used or not? All this would do is have guys saying "it didn't look like the land is being used" as an excuse to trespass.

The law sounds pretty clear to me. No fence, no improvements, no farming it's open to the public. Don't like it, post it or fence it.

That is correct. In my mind that does not excuse an ethical hunter from knowing where boundaries are and honoring private land, but the law does allow that.

[huntnphool]

I understand that Bob but "unimproved and apparently unused land" leaves to much room for speculation or opinion. It leaves the trespasser easily claiming ignorance to get out of what he knows is a trespassing violation, and puts the responsibility on the land owner rather than the public doing their own research.

Look at all the grass land throughout the country that appears to be "unused" most of the year yet is harvested every 6-9 months, too easy to say "it looked unused to me"

A bad revision IMO.

[Bob33]

I understand that Bob but "unimproved and apparently unused land" leaves to much room for speculation or opinion. It leaves the trespasser easily claiming ignorance to get out of what he knows is a trespassing violation, and puts the responsibility on the land owner rather than the public doing their own research.

Look at all the grass land throughout the country that appears to be "unused" most of the year yet is harvested every 6-9 months, too easy to say "it looked unused to me"

A bad revision IMO.

"In my mind that does not excuse an ethical hunter from knowing where boundaries are and honoring private land."

[huntnphool]

I understand that Bob but "unimproved and apparently unused land" leaves to much room for speculation or opinion. It leaves the trespasser easily claiming ignorance to get out of what he knows is a trespassing violation, and puts the responsibility on the land owner rather than the public doing their own research.

Look at all the grass land throughout the country that appears to be "unused" most of the year yet is harvested every 6-9 months, too easy to say "it looked unused to me"

A bad revision IMO.

"In my mind that does not excuse an ethical hunter from knowing where boundaries are and honoring private land."

Now if we could only count on every hunter being ethical it would be a non issue.

[Humptulips]

I understand that Bob but "unimproved and apparently unused land" leaves to much room for speculation or opinion. It leaves the trespasser easily claiming ignorance to get out of what he knows is a trespassing violation, and puts the responsibility on the land owner rather than the public doing their own research.

Look at all the grass land throughout the country that appears to be "unused" most of the year yet is harvested every 6-9 months, too easy to say "it looked unused to me"

A bad revision IMO.

"In my mind that does not excuse an ethical hunter from knowing where boundaries are and honoring private land."

Not my view at all. If the land is not posted and not used that implies it is open to the public. It should be posted if you think otherwise. How does one even know when you enter this piece of property if there isn't some indication like a fence, polwed field or maybe a sign.

[Bob33]

I understand that Bob but "unimproved and apparently unused land" leaves to much room for speculation or opinion. It leaves the trespasser easily claiming ignorance to get out of what he knows is a trespassing violation, and puts the responsibility on the land owner rather than the public doing their own research.

Look at all the grass land throughout the country that appears to be "unused" most of the year yet is harvested every 6-9 months, too easy to say "it looked unused to me"

A bad revision IMO.

"In my mind that does not excuse an ethical hunter from knowing where boundaries are and honoring private land."

Not my view at all. If the land is not posted and not used that implies it is open to the public. It should be posted if you think otherwise. How does one even know when you enter this piece of property if there isn't some indication like a fence, polwed field or maybe a sign.

I use a GPS.

[huntnphool]

How does one even know when you enter this piece of property if there isn't some indication like a fence, polwed field or maybe a sign.

How indeed! Its your responsibility to do the research and know.

"ignorance is no excuse for the law" but this revision opens ignorance up as a excuse.

[Humptulips]

How does one even know when you enter this piece of property if there isn't some indication like a fence, polwed field or maybe a sign.

How indeed! Its your responsibility to do the research and know.

"ignorance is no excuse for the law" but this revision opens ignorance up as a excuse.

Not according to the law. It is not illegal to walk on someone elses land. Read the law, if it's not obviously used, fenced or posted it is open. The reponsibility lies with the landowner if they wish to keep people off their land. Beyond that you can tell someone to leave and they can find out where the boundaries are.
Not may people walk around with a surveyor and the GPS thing is a relatively new thing. The law predates any thought of such thing.

[huntnphool]

How does one even know when you enter this piece of property if there isn't some indication like a fence, polwed field or maybe a sign.

How indeed! Its your responsibility to do the research and know.

"ignorance is no excuse for the law" but this revision opens ignorance up as a excuse.

Not according to the law. It is not illegal to walk on someone elses land. Read the law, if it's not obviously used, fenced or posted it is open.

oh brother!

[lokidog]

As sucky as it is for private landowners, I read the law the same as Humptulips.  Although they do add something like planted/agriculture/crop sort of thing to fenced and posted, if I recall correctly.  I guess "used" would cover that but is not a very good definition.  Personally, I would include a lawn or structure on it as well, but that is not what the law states.

[bigtex]

This bill passed the Senate today. All Republican Senators voted in favor. 11 Democrats voted against it.....

[huntrights]

Some kids with a few cans of spray paint could wreak havoc.  This sounds like a bad bill.

[bigtex]

Some kids with a few cans of spray paint could wreak havoc.  This sounds like a bad bill.

 

[buckfvr]

We dont go anywhere without knowing where we are and whos property is close by......