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Author Topic: Crossing property lines  (Read 10755 times)

Offline COUG

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Crossing property lines
« on: September 14, 2015, 04:52:34 PM »
I assume this horse has been beat to death but I cant find the thread so...  I have private property that has a nice buck on it and it borders two other heavy timber properties.  I have permission on one to retrieve a dead animal but not on the other.  There is a chance the deer would go to that piece and if it does do I have any options?  If you know of a link to an existing thread that is cool or some real life experiences.

Coug

Offline Woodchuck

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Re: Crossing property lines
« Reply #1 on: September 14, 2015, 04:57:01 PM »
A landowner is under no obligation to let you on their property to retrieve an animal. Sometimes a Game Warden might be able to sway them but there is nothing they can really do.
« Last Edit: September 15, 2015, 09:48:19 AM by Woodchuck »
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Offline dimlight85

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Re: Crossing property lines
« Reply #2 on: September 14, 2015, 10:27:45 PM »
I've heard different things about this here but I'm new to hunting in WA and don't know which is true.  It was my understanding that you had a right to retrieve an animal that was shot on your own property and fell on someone else's.  It's always polite to ask the landowner to retrieve the animal but if they refuse and a game warden is involved and they refuse to allow you to retrieve the animal, they could be forced to tag it instead.  I recently took the WA hunter's safety course and remember it covering a portion that discussed not shooting an animal on someone else's property and avoiding shooting animals over someone else's property like water fowl but this might just be a point of etiquette.

Offline Special T

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Re: Crossing property lines
« Reply #3 on: September 14, 2015, 10:36:59 PM »
IMO its best to just make a good shot... If you think there is a problem with the neighboring land lord then i would have a local WDFW warden on speed dial.  :twocents:
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Offline h2ofowlr

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Re: Crossing property lines
« Reply #4 on: September 14, 2015, 10:42:32 PM »
Make sure you drop it in it's tracks or pick other options for deer.
Cut em!
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Offline buckcanyonlodge

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Re: Crossing property lines
« Reply #5 on: September 15, 2015, 09:45:54 AM »
 ""It was my understanding that you had a right to retrieve an animal that was shot on your own property and fell on someone else's. ""

You do not have a Right to enter someone else's property to retrieve an animal.. Could get a ticket for trespassing while hunting and since you shot an animal you could lose you license for 2 years.
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Offline CP

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Re: Crossing property lines
« Reply #6 on: September 15, 2015, 10:01:47 AM »
I've heard different things about this here but I'm new to hunting in WA and don't know which is true.  It was my understanding that you had a right to retrieve an animal that was shot on your own property and fell on someone else's.  It's always polite to ask the landowner to retrieve the animal but if they refuse and a game warden is involved and they refuse to allow you to retrieve the animal, they could be forced to tag it instead.  I recently took the WA hunter's safety course and remember it covering a portion that discussed not shooting an animal on someone else's property and avoiding shooting animals over someone else's property like water fowl but this might just be a point of etiquette.

You need to get your "understanding" corrected ASAP.  You have no right to trespass on private property and the government has no right to force anyone to tag an animal.  This is not a point of etiquette, it is a point of property rights and criminal trespass.

 

Offline Old Man Yager

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Re: Crossing property lines
« Reply #7 on: September 15, 2015, 10:28:43 AM »
Headshot and he'll drop in his tracks
My Dad always said, " Get a bigger hammer "

Offline Blacktail Sniper

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Re: Crossing property lines
« Reply #8 on: September 15, 2015, 10:34:36 AM »
Headshot and he'll drop in his tracks

Assuming you don't blow his jaw off or a hit through his sinus area...
It is better to be consistently incorrect than inconsistently correct...

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Offline Blacktail Sniper

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Re: Crossing property lines
« Reply #9 on: September 15, 2015, 10:41:12 AM »
Seems like if it was legitimentally shot on property you are legally allowed on, but crosses a property line you can't access without permission, then you ask permission and get denied, why is it if you have WDFW get involved, the property owner isn't or can't be charged at that point for knowingly wasting a game animal?

Seems to me, once they arevmade aware of the animal, their refusal to either let you retrieve it or them retrieve it for you becomes a violation on their part under the wastage laws...
It is better to be consistently incorrect than inconsistently correct...

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Offline WaHeadhunter

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Re: Crossing property lines
« Reply #10 on: September 15, 2015, 11:02:16 AM »
Quote
Seems to me, once they arevmade aware of the animal, their refusal to either let you retrieve it or them retrieve it for you becomes a violation on their part under the wastage laws... 

Why would a poor decision on the part of the shooter who decides to risk not making a lethal attempt at killing a targeted animal be wastage on the part of a landowner? That makes no sense whatsoever, if you take the shot, be sure of your target and what it's possible escape routes are and where it might go, including adjoining private property.

That being said, if an injured animal runs to private property I'd say don't just follow it without 1st contacting the landowner about retrieving it, ask for permission not forgiveness in this case.


Offline Blacktail Sniper

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Re: Crossing property lines
« Reply #11 on: September 15, 2015, 11:11:21 AM »
Not every animal that runs away is the result of a "poor decision" on the hunter's part. 

Stuff just happens from time to time.

Yes, always be aware of where you are and what might happen, no arguement there.

Was just a question, seemed to me a legit one after reading the wastage law, as it appears it isn't a violation that is limited to the hunter specifically.
It is better to be consistently incorrect than inconsistently correct...

Sarcasm: The ability to insult stupid people without them realizing it. 

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Sarcasm makes smart people laugh and stupid people mad.

Offline DOUBLELUNG

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Re: Crossing property lines
« Reply #12 on: September 15, 2015, 11:12:50 AM »
Seems like if it was legitimentally shot on property you are legally allowed on, but crosses a property line you can't access without permission, then you ask permission and get denied, why is it if you have WDFW get involved, the property owner isn't or can't be charged at that point for knowingly wasting a game animal?

Seems to me, once they arevmade aware of the animal, their refusal to either let you retrieve it or them retrieve it for you becomes a violation on their part under the wastage laws...
US Constitution, elements of the 4th, 5th and 14th amendments.  American private property rights for ordinary citizens are nearly unique in the protections afforded property owners against the government.  Agents of the state do not have authority to violate your Constitutional rights.  Agents of the state can, in most states, enter onto private property under the Open Fields doctrine if they reasonably believe hunting, fishing, trapping or other acts involving uses of publicly owned resources (e.g., rights of way, mineral rights) are occurring on that property, without the permission of the property owner, to investigate whether those uses are being conducted lawfully. 
As long as we have the habitat, we can argue forever about who gets to kill what and when.  No habitat = no game.

Offline Jonnyjammer

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Re: Crossing property lines
« Reply #13 on: September 15, 2015, 11:14:13 AM »
If you dont own enough property dont hunt it.In other words you shouldnt shoot an animal say within 100 yards of others property. :twocents: YOU DO NOT TRESSPASS NEITHER CAN THE GOV.

Offline dimlight85

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Re: Crossing property lines
« Reply #14 on: September 15, 2015, 11:27:48 AM »
Seems like if it was legitimentally shot on property you are legally allowed on, but crosses a property line you can't access without permission, then you ask permission and get denied, why is it if you have WDFW get involved, the property owner isn't or can't be charged at that point for knowingly wasting a game animal?

Seems to me, once they arevmade aware of the animal, their refusal to either let you retrieve it or them retrieve it for you becomes a violation on their part under the wastage laws...

This is a better way to put my "understanding".  I fully understand trespassing and would politely request to retrieve an animal.  I'm wondering if the WDFW officer could legally retrieve the animal.  If he had just cause as a officer of the law, he/she could enter private property, particularly if the blood trail proved it was shot on my side.

On a side note, I didn't realize how many people are able to make such a perfect shot that an animal drops right where it's hit every single time.  Maybe after I hit it, I'll ask it to please stay on my property if it's going to run.

 


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