Post by: mainer78 on September 14, 2012, 11:38:39 AM
Post by: wannabhntr on September 14, 2012, 11:44:22 AM
Post by: xXLojackXx on September 14, 2012, 11:44:52 AM
Post by: Knocker of rocks on September 14, 2012, 11:46:35 AM
Post by: mainer78 on September 14, 2012, 11:48:33 AM
Post by: 6x6in6 on September 14, 2012, 11:49:16 AM
If your Aunt's land abuts State Land and she has given you permission, have a great time. :)
Post by: mainer78 on September 14, 2012, 11:51:25 AM
Post by: buckhorn2 on September 14, 2012, 12:00:07 PM
Post by: DoubleJ on September 14, 2012, 12:01:43 PM
Post by: Atroxus on September 14, 2012, 12:05:48 PM
disclaimer: I am not a lawyer, and nothing in this should be taken as legal advice. if you want that you should contact a lawyer.
Post by: mainer78 on September 14, 2012, 12:07:06 PM
Post by: Atroxus on September 14, 2012, 12:11:25 PM
The thing is that every time i go up there hunting, i worry about what might happen to my vehicle, or myself. I used to take my kids, but dont. Unfortunately theses A$$ monkeys are friends of my father-in-law, but since he lives with them he stays out of it... I have put in the time the last 3 years learning the boundries, and finding the animals, and came close last year, and now i feel as if i have a good chance, i dont want to have to deal with the old timer drama... Its damn state land and i have the right to hunt it..... Just dont want to have any conflict...
I hate to say it, but if you want to avoid conflict you may be better off just hunting somewhere else. :( Especially if you consider the threat serious enough that you would not take your kids with you. As parents we have a responsibility not just to keep our kids safe, but to keep ourselves safe long enough to raise them up right.
Post by: JimmyHoffa on September 14, 2012, 12:13:23 PM
Post by: predatorpro on September 14, 2012, 12:16:40 PM
Post by: mainer78 on September 14, 2012, 12:18:34 PM
Post by: huntingfool7 on September 14, 2012, 12:22:26 PM
:yeah:The thing is that every time i go up there hunting, i worry about what might happen to my vehicle, or myself. I used to take my kids, but dont. Unfortunately theses A$$ monkeys are friends of my father-in-law, but since he lives with them he stays out of it... I have put in the time the last 3 years learning the boundries, and finding the animals, and came close last year, and now i feel as if i have a good chance, i dont want to have to deal with the old timer drama... Its damn state land and i have the right to hunt it..... Just dont want to have any conflict...
I hate to say it, but if you want to avoid conflict you may be better off just hunting somewhere else. :( Especially if you consider the threat serious enough that you would not take your kids with you. As parents we have a responsibility not just to keep our kids safe, but to keep ourselves safe long enough to raise them up right.
Let your a$$ h@ father in law's buddies know that if they want to be dirt balls, you'll post the maps and driving directions. Maybe even give advice on where to eat.
Post by: MooseStock on September 14, 2012, 12:30:28 PM
Post by: bobcat on September 14, 2012, 12:42:46 PM
be careful on who actually has the hunting rights to property...there is alot of areas that according to county maps and such will say owned by state of washington but is 80%a huge wheatfield that is farmed...if its being leased or something the farmer leasing it probly has the rights to who can hunt on it....
A farmer leasing state land does not control who can or cannot hunt it.
It's public land and is open to the public for hunting.
Post by: predatorpro on September 14, 2012, 12:46:58 PM
Post by: redmist73 on September 14, 2012, 12:57:03 PM
Post by: Curly on September 14, 2012, 01:01:01 PM
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
Post by: CAMPMEAT on September 14, 2012, 01:02:44 PM
So my wifes aunt has property in a good hunting area.. Its a drive so i stay there on weekends. I know certian areas are State owned and certian ones are Private. So friends of my wifes dad told me where im hunting is ALL PRIVATE and that if i hunt there something bad might happen (threat). Any how i have certian military skills that will help me out on the latter, but the threat, and lies about the area is bs... Its mostly State owned property (local records show this) and the areas that they say are private are mostly state as well. I dont want to tresspass, and wont, but for them to threaten me, and lie is unnacceptable. I know they have been hunting in that area for a long time, but state land is open for everyone, and i will hunt it. Just kinda messed up when they are supposed to be friends of the family. Another question, am i allowed to cross private property to get to state land if there is no access? Thanks guys!!! :guns:
I live in an area you describe. You can't trespass to get to state land. Ranchers only have grazing rights and cannot stop you from hunting on state land or even forest service land they have grazing rights to. The ranchers post areas as you describe only to keep " the coasties out " is their exact words. I go onto grazing land all the time. :twocents:
Post by: buck man on September 14, 2012, 03:49:34 PM
be careful on who actually has the hunting rights to property...there is alot of areas that according to county maps and such will say owned by state of washington but is 80%a huge wheatfield that is farmed...if its being leased or something the farmer leasing it probly has the rights to who can hunt on it....
A farmer leasing state land does not control who can or cannot hunt it.
It's public land and is open to the public for hunting.
Bobcat is right. They can not keep you off state owned lands that are leased for farming or grazing purposes. Contact the state or look up the laws yourself. If you have a good sherif he could probably tell also.
Post by: predatorpro on September 14, 2012, 03:56:24 PM
Post by: CAMPMEAT on September 14, 2012, 06:10:12 PM
alright well if i get a trespassing ticket you guys owe me a beer! :chuckle: :brew:
.............good reason to meet up again. :tup:
Post by: jtw on September 14, 2012, 06:21:46 PM
If you can't tell where the property lines are (no fences or no signs) then you can't get cited for trespassing unless they tell you that you are trespassing and you continue to stay there or come back after you've been told.
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
You can't be prosecuted or they're not likely to?
Either way you should know where the lines are and if you're not give them a wide berth.
Post by: BOWHUNTER45 on September 14, 2012, 06:26:24 PM
Post by: tigguy on September 14, 2012, 10:43:38 PM
If you can't tell where the property lines are (no fences or no signs) then you can't get cited for trespassing unless they tell you that you are trespassing and you continue to stay there or come back after you've been told.
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
You can't be prosecuted or they're not likely to?
Either way you should know where the lines are and if you're not give them a wide berth.
:yeah:
IIRC, Wa. state property owners, or their appointed representatives, are not required to post their land as private, or in any other way, including by fences, in order to prosecute for trespass. It's up to the individual that's out for a walk, hunting, etc., to know or find out who it belongs to. Then, of course, ask for permission. A level-headed property owner may be less likely to press charges, but it's legal for them to do so. Sometimes the "it's better to ask for forgiveness than permission" rule applies, but it may still cost you in the end.
Post by: Curly on September 14, 2012, 11:56:48 PM
If you can't tell where the property lines are (no fences or no signs) then you can't get cited for trespassing unless they tell you that you are trespassing and you continue to stay there or come back after you've been told.
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
You can't be prosecuted or they're not likely to?
Either way you should know where the lines are and if you're not give them a wide berth.
:yeah:
IIRC, Wa. state property owners, or their appointed representatives, are not required to post their land as private, or in any other way, including by fences, in order to prosecute for trespass. It's up to the individual that's out for a walk, hunting, etc., to know or find out who it belongs to. Then, of course, ask for permission. A level-headed property owner may be less likely to press charges, but it's legal for them to do so. Sometimes the "it's better to ask for forgiveness than permission" rule applies, but it may still cost you in the end.
Quote
RCW 9A.52.080
Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
The law says "knowingly". If you don't know you're trespassing, then you are not trespassing in the eyes of the law.
Post by: Curly on September 15, 2012, 12:11:39 AM
Quote
RCW 9A.52.010
Definitions.
*** CHANGE IN 2011 *** (SEE 5045.SL) ***
The following definitions apply in this chapter:
(1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. 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;
From the hunting regs (kind of a summary or explanation of the RCW):
Quote
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.
Post by: boneaddict on September 15, 2012, 06:22:16 AM
Post by: BOWHUNTER45 on September 15, 2012, 06:30:42 AM
this is funny ...I went fishing the other day and parked along the road on the farmers property ....when I get this call at the river ...IS THIS JB ...I say yes it is , he says well JB your parking on private land and if you do it again I will have it towed ...I said well Guess I can not hide when I have my name posted on my truck for my business ...he LAUGHED AND SAID PLEASE DO NOT PARK THERE because if I let you then everyone will want to ...I have heard this saying before over and over when trying to get permission to hunt ....well if I let you then I will have to let others :dunno: :dunno: :rolleyes: :chuckle:If you can't tell where the property lines are (no fences or no signs) then you can't get cited for trespassing unless they tell you that you are trespassing and you continue to stay there or come back after you've been told.
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
You can't be prosecuted or they're not likely to?
Either way you should know where the lines are and if you're not give them a wide berth.
:yeah:
IIRC, Wa. state property owners, or their appointed representatives, are not required to post their land as private, or in any other way, including by fences, in order to prosecute for trespass. It's up to the individual that's out for a walk, hunting, etc., to know or find out who it belongs to. Then, of course, ask for permission. A level-headed property owner may be less likely to press charges, but it's legal for them to do so. Sometimes the "it's better to ask for forgiveness than permission" rule applies, but it may still cost you in the end.
Post by: BOWHUNTER45 on September 15, 2012, 06:36:00 AM
You are correct in one way of thinking Bowhunter, the animal is NOT the landowners, however they do not have to let the warden, sheriff or anyone else for that manner on their property to retrieve it. They can deny access to all if they want to be stinkers about it, Bobcat is right. There was a big stink about a huge bull last year or year before that went onto private land. They let it ROT. They tried to get the courts involved. NO DEAL They tried to nail him on wastage of big game. It didn't flytHE LAND OWNER LET IT ROT ? If thats the case he should of been busted !
Post by: MooseStock on September 15, 2012, 11:42:48 AM
Post by: tigguy on September 16, 2012, 12:12:29 AM
If you can't tell where the property lines are (no fences or no signs) then you can't get cited for trespassing unless they tell you that you are trespassing and you continue to stay there or come back after you've been told.
In other words if you are on the State timber land and wander onto adjacent private timber land while you're hunting, you can't be prosecuted for trespassing if you can't tell one property from the other.
You can't be prosecuted or they're not likely to?
Either way you should know where the lines are and if you're not give them a wide berth.
:yeah:
IIRC, Wa. state property owners, or their appointed representatives, are not required to post their land as private, or in any other way, including by fences, in order to prosecute for trespass. It's up to the individual that's out for a walk, hunting, etc., to know or find out who it belongs to. Then, of course, ask for permission. A level-headed property owner may be less likely to press charges, but it's legal for them to do so. Sometimes the "it's better to ask for forgiveness than permission" rule applies, but it may still cost you in the end.QuoteRCW 9A.52.080
Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
The law says "knowingly". If you don't know you're trespassing, then you are not trespassing in the eyes of the law.
Nice! I'll make sure to not knowingly trespass on Weyco land tomorrow! :chuckle:
Post by: madmack76 on September 16, 2012, 01:47:25 AM
Post by: TheHunt on September 16, 2012, 07:44:31 AM
Hunt the crap out of that place. NEVER tell them you killed anything. Spend non-hunting time over there with your kids. Get it dialed in and take advantage of it.
Post by: Bob33 on September 16, 2012, 08:27:21 AM
(2) In any prosecution under this section, it is a defense that: ... (d) The actor, after making all reasonable attempts to contact the owner of the premises, retrieved the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170. The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself.
Post by: Atroxus on September 16, 2012, 09:38:39 AM
The law recently changed with respect to retrieval. SB 6135 became effective in June. Here is the pertinent section:
(2) In any prosecution under this section, it is a defense that: ... (d) The actor, after making all reasonable attempts to contact the owner of the premises, retrieved the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170. The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself.
That's pretty cool in cases where you can't contact the property owner...I don't see anything to address property owners who refuse access and let the animal rot though. :(
Post by: TheHunt on September 24, 2012, 02:01:17 PM