TRESPASSERS!

[NWWABOWHNTR]

WEnt out to my spot tonight,  here on Whidbey.  It is 80 acres my friend owns and I am the only one with permission to hunt it.  For the 2nd time this year I have caught guys hunting on it.  I pulled into the parking spot,  just an old overgrown road/pull out,  and there is a car parked down it about 50 feet, far enough from the road so as not to be seen.  So my first thought is my buddy might have told someone they could hunt,  tried calling him but no luck.  So did not block the old road,  just in case, and my 10 year old son and I walked in to my ground blind.  Noticed footprints in the snow all over the place.... shouldn't be any there... They walked right up to my ground blind,  around the front and past.  SO I checked my cameras to make sure they were still there,  and then the boy and I got in the blind.  Was in there for a hour or so,  and here comes a guy right from the bedding area down the trail to the left of my blind... crunching and making all kinds of noise.  So I gtot out of the blind and the guy was shocked.  I asked if he had permission to be there and he said "didn't know I needed it".... he was nice and I told him he was on private property,  but it is really getting old.  Yes there are signs, but not very many stating "provate property" even though it isn't needed in this state.  What torqued me the most was the trespasser ruined the hunt for the boy.  Well I shouldn't say ruined cause we did get to see some cool birds and a doe,  but no chance as she stayed in the brush.  We will be back out tomorrow morning,  and hopefully we can fill his tag and then maybe my tag (2nd deer tag).  He gets first shot....

[Jerome]

Good luck tomorrow Ren.  Hopefully you and the boy can pull out a double on the last day.

[NWWABOWHNTR]

Thanks Jeremy... I just want the boy to get his... we have plenty in the freezer this year from my 1st(this year drew the extra tag) and my daughters...

[patton1]

First off...SNOW? How far south are you?  Second off...good luck tomorrow. I hope you get to fill that tag and hopefully you don't see anymore idiots walking around your spot.

[Skyvalhunter]

Well if you decide to hunt it next year and get permission just put up a private property sign where that road goes in. This will put no doubts in peoples mind since this seems to be an access point to your friends property

[NWWABOWHNTR]

Patton.... I am down by Chase lake... and there is still snow in there. 

I will be putting up more signs this year! 

[bwhntr350]

I understand the part about where you said that there are signs, but I have to ask this question in regards to your other statement about not needing them in this state.

 Did this change or have I always been wrong? I always understood the laws on private property in this state being that it either has to be signed or fenced, or of course, both.

 Don't really care, either, because I do not hunt places like that, but I guess it would be nice to know just to be safe.

 

[bwhntr350]

And, on page 74 of the Washington State Hunting Regulations it says this:


Private Lands
It is unlawful to trespass. State hunting
regulations apply to hunting private land, but do not
guarantee access. Entry onto any lands which are
fenced, posted, cultivated, or used for commercial
agricultural crops or aquaculture without permission
is considered trespass. Some private landowners
(individuals or corporations) have chosen to deny
access to, or across, their property. Check with
landowners before entering their property. It is
always best to obtain landowner permission before
entering private property.

 I guess there is an interpretation thing there. How do you read it?

 It does say "It is always best to obtain landowner permission before entering private property" but that doesn't make it a law.
 I think by reading this, a guy goes into a forest that is neither posted or fenced and it turns out to be private and he gets caught, I would say that he stands a really good chance of winning a court case, if it came to that. 

 
 

[BlackRidge]

Its also up to the person who wants to use the property to do some due-diligence and make sure he/she has the property owners permission, UNLESS its public land, which again, should be found through due-diligence/proper research. There are too many idiots running around out there 'assuming' they can use property, or doing so without caring.

Wish more people would show respect for other peoples stuff

Good luck filing those tags! Times a runnin out!

[D-Rock425]

There is another section on trespassing in the regs don't know what page my copy is at work.  Washington state law says property owners are not required to post their property.

[DOUBLELUNG]

From the definitions in RCW 9A.52: 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 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;

[SmokepoleJR]

Good luck go get some deer!