Land Access Question

[Bob33]

Honestly I can't imagine a trespass case like this ever getting to court. The landowner would have to formally complain. An enforcement officer would need to cite the hunter. The county prosecutor would need to take the case to court.

[bobcat]

So hunting on private farm land is okay as long as you're not that far over the property line? That's what I'm hearing. It's true you may not actually be charged and prosecuted. But why take the chance? I would first want to know exactly where that line is.

[Bob33]

So hunting on private farm land is okay as long as you're not that far over the property line? That's what I'm hearing. It's true you may not actually be charged and prosecuted. But why take the chance? I would first want to know exactly where that line is.

I'm not saying that. I don't believe it would ever get to a point of surveying the land for a criminal case like this. I'd feel legally confident relying on a current map product, but would probably contact the landowner and local enforcement anyway before going on the property.

[LDennis24]

I'm not claiming to be an expert on this but I have lived in Cheney and just south in Whitman Countypretty much my whole life. There isn't a piece of state ground I haven't hunted. If the OP want's to send me a Private message with the location I will try to help out. I might even know the landowner. I work with farmer's everyday. I haul fertilizer and pesticides and do machine maintenance. ALOT of farmer's think because they farm a piece of ground they own it when in reality they know exactly where that line is and they don't feel they need to tell you. If you are certain you know the boundary is in that field somewhere then hunt it, and when he show's up stand your ground and tell him to prove otherwise. If the boundary is in the middle of the cultivated field and hedoesn't have it marked you are not going to be cited. I have been there. Done that... like I stated before on here, my house has 12 square miles of state ground nearby within a 5 minute drive. Come down to Revere and hunt bird's. Its 25 min's from Cheney and bird's are everywhere. But regardless of what others on here might think "you cannot drive on state ground", or drive into an access rd used by the farmer to cross private ground to get to a piece of state ground. Just down from the house we have a field entrance rd that crosses about 300yds of private ground and goes into DNR ground. It's a private rd and hunter's are always getting in trouble for driving down it to get to the state ground. The thing is, just be sure in your own mind you are in the right place and don't let anyone push you around claiming ownership or harrass you while your lawfully hunting. Let them know harrassment is illegal also. PM me if you would like. I don't hunt ducks so I won't be stealing your area.

[bobcat]

I was referring to land surveys that have already been done. Not that a survey would be done just in order to prosecute someone for trespassing.

I'd be extremely nervous hunting that close a property line, not knowing exactly where it is, especially with other hunters being there as well who paid to hunt the private land.

It's also not necessarily a good idea to hunt that close to a property line, even when you're sure of the exact location of that line.

[Skillet]

So hunting on private farm land is okay as long as you're not that far over the property line? That's what I'm hearing. It's true you may not actually be charged and prosecuted. But why take the chance? I would first want to know exactly where that line is.

I'm not saying that. I don't believe it would ever get to a point of surveying the land for a criminal case like this. I'd feel legally confident relying on a current map product, but would probably contact the landowner and local enforcement anyway before going on the property.

Contact the landowner and have the discussion.  Show him the info you have, share with him the LEO's interpretation of your maps, and give him a chance to respond.  Since he has paying customers (lessee's), he has a bigger than normal stake in this even if it technically isn't his property.  You never know, he might surprise you with better documentation and/or how reasonable he can be...

[Bob33]

I was referring to land surveys that have already been done. Not that a survey would be done just in order to prosecute someone for trespassing.

I'd be extremely nervous hunting that close a property line, not knowing exactly where it is, especially with other hunters being there as well who paid to hunt the private land.

It's also not necessarily a good idea to hunt that close to a property line, even when you're sure of the exact location of that line.

If the animal you shoot goes onto private property, you have no right to retrieve or kill it without the landowner's permission. That's a good argument against hunting close to property boundaries.

[LDennis24]

I'm not necessarily saying to tell the guy off either. Even if you go to the assessor's office and look at the map they have, it can be wrong. If you do get in trouble for tresspassing on someone's land where other's have paid to hunt I believe you can also be subject to paying the landowner his access fee on top of trespassing fines.

[CAMPMEAT]

How many pages is this one gonna go ? I can't believe people harp and moan about the same stuff all time, who aren't even going to hunt the land....

What are you even talking about?  The OP came on and posed a specific technical question about land he's interested in hunting. He's getting legit discussion based on that question, and taken smart steps that are aimed at preventing conflict.
Who, besides yourself, is harping and moaning in this thread?

I'm not harping and moaning at all. I could care less. But, it's the same thing that has been brought up a million times before and absolutely nothing helps the OP. Who in their right mind in going to get ahold of the assessors office, a surveyor, the WDFW, etc to hunt a piece of land ? Gimme a break....


One more thing to the OP. My OnXMaps are dead nuts on for the markers/boundaries all the time, if YOU, know where the markers/boundaries are. Even out in the middle of nowhere.

[Stein]

Hunt it, you have the gps, map and game warden.  It's public land.

I guarantee you the farmer didn't have a survey or talk with the county before he planted.


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[Curly]

I'm not harping and moaning at all. I could care less.

How much less?

:

[CAMPMEAT]

I'm not harping and moaning at all. I could care less.

How much less?

:

Your mama wears army boots.....

[Curly]

LOL

[bobcat]

Hunt it, you have the gps, map and game warden.  It's public land.

I guarantee you the farmer didn't have a survey or talk with the county before he planted.


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The farmer may or may not have had a survey done. But, the federal government surveyed the entire state back in the 1800's. If the farmer is using the corner monuments from the original government survey, then it doesn't matter where the county assessor's map shows the line.

Why would the farmer talk to the county? The county is not the authority that determines the position of property lines.

Also, as I said before, it's possible that the state agency that owns the land has done a survey and monumented the corners. That's why I suggested talking to them about the location of the line.

Yes, hunt the public land. I agree. But only hunt where you can be sure it's public land. The portion of the land that's being farmed is either private land, public land that the farmer is encroaching on, or public land that the farmer has leased from the state for growing wheat.

There's no way to know which one is true until you talk to the appropriate land management agency (DNR or WDFW).

[Brad Harshman]

The maps are the maps.  Every enforcement agency uses them and I have no question about trusting them.  They use gps and township/range data and are very accurate.


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Simply put - with respect - you are wrong.
Maps are representations, period. They are not records of surveys.  They all have disclaimers stating the fact that they are not accurate.