Post by: huntnphool on January 15, 2013, 02:55:02 PM
This sign is a good example. This is a public road going through public land, eventually running through private land. Now I understand that the state has this road closed to "motorized vehicles" but isn't it still legal to park and walk in?
A couple years ago I spotted a nice buck back in on this state land from about a mile away. I knew it was state land and drove around to get to this road thinking I could hike in from there. When my brother and I got there there was a truck parked there and a rancher told us that it was private property and we needed written permission to access it. He was clearly sitting there keeping people from going in there even though it is public land.
I'm just curious what all of you think about this.
Post by: bobcat on January 15, 2013, 03:03:51 PM
Post by: huntnphool on January 15, 2013, 03:05:38 PM
It appears that you should be able to walk on the road in order to access the state land.Thats what we thought, yet there was a rancher there running people off. :dunno:
Post by: lokidog on January 15, 2013, 03:05:59 PM
I asked a warden over by Davenport about a Posted corner of state land that was cut off where the road went up along the east side, curved and exited the NW corner of the section, he said don't worry about it and that I couod hunt that corner since they were not allowed to post it. So, who knows. Another case of the left and right hands not knowing what the other is doing?
I would certainly bring it up to someone with the state.
Post by: bigtex on January 15, 2013, 03:06:38 PM
I can see the picture you posted was in Montana. So they would be your best source of info.
Landlocked lands are really a headache for all outdoorsmen and is something the federal agencies are trying to eliminate. Federal agencies are getting away from owning lands to sell their resources, such as logging, and moving more towards recreation. So it doesn't make sense to have a bunch of landlocked lands. And they are eliminating this landlocked lands by either purchasing land which would provide access to the other lands or simply trading the lands away.
In WA, DNR is essentially the state logging dept, most states have such dept. DNR's main goal/mission is to bring in revenue for the state via DNR lands, NOT to provide a recreational opportunity. If it just so happens recreation can happen on DNR lands then cool. So for DNR landlocked lands are not a big issue as they are for the federal agencies.
Post by: Bob33 on January 15, 2013, 03:08:42 PM
Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.
Post by: Jonathan_S on January 15, 2013, 03:08:47 PM
This is a gripe of mine too. It happens in the NE in Ferry, Stevens, Pend Oreille counties and at a particular section of DNR down by the town of Mica South of Spokane.
The vigilante land owner types get a little zealous and a few memories that they have cemented in their minds justify "posting it"
If I'm positive it's public, I'll park right next to the sign and face the consequences. So far nobody has been base enough to accuse me of trespassing.
Overall, it probably doesn't hurt much. If anyone is ever unsure about it, just look up the property boundaries, get a map (current) and stick to your guns.
Post by: huntnphool on January 15, 2013, 03:10:09 PM
You can park and walk in as long as you are on public land. If it is some type of "landlocked" land you could end up in trouble.I hear ya, this is not landlocked. The public land comes right up to the road/sign where its posted.
I can see the picture you posted was in Montana. So they would be your best source of info.
Landlocked lands are really a headache for all outdoorsmen and is something the federal agencies are trying to eliminate. Federal agencies are getting away from owning lands to sell their resources, such as logging, and moving more towards recreation. So it doesn't make sense to have a bunch of landlocked lands. And they are eliminating this landlocked lands by either purchasing land which would provide access to the other lands or simply trading the lands away.
In WA, DNR is essentially the state logging dept, most states have such dept. DNR's main goal/mission is to bring in revenue for the state via DNR lands, NOT to provide a recreational opportunity. If it just so happens recreation can happen on DNR lands then cool. So for DNR landlocked lands are not a big issue as they are for the federal agencies.
Post by: bobcat on January 15, 2013, 03:15:37 PM
So is the road public or private?
Post by: huntnphool on January 15, 2013, 03:17:49 PM
It's odd that the one sign says it's a private road, yet the other state sign says the road is closed to motorized vehicles. Which I would then assume it's open for walking or non motorized use (bicycles).Yet the red Montana sign says its state land for recreational use, just no vehicles. The road goes right through the middle of the state land, it turns into private land a couple miles down the road.
So is the road public or private?
Post by: bigtex on January 15, 2013, 03:17:57 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
Post by: Jonathan_S on January 15, 2013, 03:21:23 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.
Post by: BOWHUNTER45 on January 15, 2013, 03:22:36 PM
Post by: huntnphool on January 15, 2013, 03:27:03 PM
I have software on my GPS that shows property boundaries and ownership.Me too. Funny story, two years ago M-ray and I were driving around taking pics in this one nice section in Montana, I was driving while Mark was watching the GPS and giving directions. He said "there is a large piece of state land coming up around this next corner". We went up hill and around the corner and guess what, a rancher was parked right where the state land went across the road for about 50 yards, where we could park and walk in. Right on the side of his truck was the name of the local ranch. Coincidence that he chose that one spot, the only spot for many miles, to sit in his truck?
M-ray went back there this year and actually parked and walked in. Guess who was sitting there when he came back out? Yep, one of the ranchers. He got out of his truck and walked up to talk to him. Mark said he was a pretty nice guy and didn't have a problem. :tup:
Post by: hirshey on January 15, 2013, 03:27:21 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not. I kind of enjoy finding these conditions, especially if the landowner visits. When told that harassing and interfering with a legal hunt is criminal, and that I'd be glad to call the sheriff and wait for him to come clear it up, the landowner usually leaves in a huff.
Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.
I was surprised a few seasons ago to find some property that had always been "feel free too hunt" state land had been posted... but apparantly it was leased by a farmer and even though it was CRP owned by the state I was told by a DNR official leasees can still dictate access.. that may end up being troublesome for some of those landowner maps via a GPS and may be some of the public land being posted.. that being said, I know plenty of spots posted by land owners or hunters that want to deter others from their hunting grounds. Can't you get in legal trouble for doing that?
Post by: quadrafire on January 15, 2013, 03:28:03 PM
I'll chime in...Johathon I have been confronted at that Mica location as well. I'll bet it is the same one.
This is a gripe of mine too. It happens in the NE in Ferry, Stevens, Pend Oreille counties and at a particular section of DNR down by the town of Mica South of Spokane.
The vigilante land owner types get a little zealous and a few memories that they have cemented in their minds justify "posting it"
Post by: bigtex on January 15, 2013, 03:31:30 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not. I kind of enjoy finding these conditions, especially if the landowner visits. When told that harassing and interfering with a legal hunt is criminal, and that I'd be glad to call the sheriff and wait for him to come clear it up, the landowner usually leaves in a huff.Can't you get in legal trouble for doing that?
Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.
Already responded to that question.
Quick answer, yes, but not as much as you could prior to 2012.
Post by: hirshey on January 15, 2013, 03:33:44 PM
Can't you get in legal trouble for doing that?
Already responded to that question.
Quick answer, yes, but not as much as you could prior to 2012.
Yes, I saw that... I had already scribed my response before you posted. :)
Post by: BOWHUNTER45 on January 15, 2013, 03:34:07 PM
Post by: bigtex on January 15, 2013, 03:35:41 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.
Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged
In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.
I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them :twocents:
Post by: jackmaster on January 15, 2013, 03:36:26 PM
Post by: predatorpro on January 15, 2013, 03:38:16 PM
i believe it depends who actually owns the property (state/dnr/blm/wdfw) they all have their own set of rules on who is allowed to control hunting rights when its being leased by a farmer, if its actually owned by "state of washington" or "USA" land when looking at it on a county gis map im pretty sure the farmer leasing it has no right to post it, i am actually almost 100% on that! now if its owned by the dnr or blm that could be a completely different story!I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not. I kind of enjoy finding these conditions, especially if the landowner visits. When told that harassing and interfering with a legal hunt is criminal, and that I'd be glad to call the sheriff and wait for him to come clear it up, the landowner usually leaves in a huff.
Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.
I was surprised a few seasons ago to find some property that had always been "feel free too hunt" state land had been posted... but apparantly it was leased by a farmer and even though it was CRP owned by the state I was told by a DNR official leasees can still dictate access.. that may end up being troublesome for some of those landowner maps via a GPS and may be some of the public land being posted.. that being said, I know plenty of spots posted by land owners or hunters that want to deter others from their hunting grounds. Can't you get in legal trouble for doing that?
Post by: turkeyfeather on January 15, 2013, 03:39:58 PM
Post by: huntnphool on January 15, 2013, 03:41:01 PM
Post by: CAMPMEAT on January 15, 2013, 03:42:29 PM
Post by: Bob33 on January 15, 2013, 03:46:02 PM
Why couldn't they be charged with "Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife" which is a misdemeanor? By posting their land and telling me I can't go on, they are interfering with me.I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.
Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged
In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.
I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them :twocents:
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210)
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
Post by: bigtex on January 15, 2013, 03:48:24 PM
Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.
Campmeat,
Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.
Post by: boneaddict on January 15, 2013, 03:49:04 PM
There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.
Still bugs the hell out of me and I wish I could get to the bottom of it. His neighbor just did the same thing. Tack on another couple thousand acres.
Post by: Bob33 on January 15, 2013, 03:53:04 PM
I would go to the county assessor, get current ownership information, and then tell him to pound sand if it's not his land. :twocents:There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.
Still bugs the hell out of me and I wish I could get to the bottom of it. His neighbor just did the same thing. Tack on another couple thousand acres.
Post by: huntnphool on January 15, 2013, 03:54:19 PM
It would end up costing me some time in court but I seriously doubt they could convict me for hunting on that land since its been purchased by the state.There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.
Still bugs the hell out of me and I wish I could get to the bottom of it. His neighbor just did the same thing. Tack on another couple thousand acres.
Post by: bigtex on January 15, 2013, 03:54:35 PM
Why couldn't they be charged with "Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife" which is a misdemeanor? By posting their land and telling me I can't go on, they are interfering with me.I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.
Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged
In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.
I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them :twocents:
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210)
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
Because the actual violation is RCW 77.15.160(4)(c):
Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160)
Which is an infraction.
In the RCW Bob posted the term "interfer" typically is referred to when someone comes out and starts banging pots and pans when they see you sneaking up on a deer for example. In fact RCW 77.15.210 is rarely used because it can be hard to prove.
Post by: CAMPMEAT on January 15, 2013, 03:55:57 PM
Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.
Campmeat,
Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.
I thought it was unusual since I know all the landowners up there, all 2 of them..
Post by: bigtex on January 15, 2013, 03:58:25 PM
Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.
Campmeat,
Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.
I thought it was unusual since I know all the landowners up there, all 2 of them..
And it may be someone stole a WDFW sign and posted it to keep someone away, thinking it looks more official. I have seen timber company no trespassing signs many miles away from any of their property.
Post by: Bob33 on January 15, 2013, 04:00:57 PM
If the land is posted illegally then it's an infraction. If the owner comes out, harasses me and tries to stop me, then I'm calling enforcement and will ask them to cite him for unlawful interference if he sticks around. Bring it on, you dirty landowners.Why couldn't they be charged with "Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife" which is a misdemeanor? By posting their land and telling me I can't go on, they are interfering with me.I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not.
Previous to Summer 2012 unlawfully posting land to prevent hunting/fishing was a misdemeanor in WA. As a result of the change in fish and wildlife laws last year it was decriminalized and was made into a infraction. So it is now the same fine as barbed hooks, no hunter orange, etc.
I think it should have stayed a misdemeanor, it's not like anybody doesn't know where their land ends.
Unfortunately when the State Supreme Court decided all criminal matters must be brought before a judge it meant all WDFW criminal cases would have to go before a judge, whereas before most could be handled by simply paying a ticket. Unfortunately this meant courts would be even more backlogged
In WDFW's opinion it was best to decriminalize certain offenses so they would not flood the courts even more. WDFW made the decision to decriminalize offenses that didn't impact a resource. As a result this violation went from a misdemeanor to a infraction.
I think in the next couple years you will continue to see agencies decriminalize certain offenses so they could realistically enforce them :twocents:
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.210)
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
Because the actual violation is RCW 77.15.160(4)(c):
Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160)
Which is an infraction.
In the RCW Bob posted the term "interfer" typically is referred to when someone comes out and starts banging pots and pans when they see you sneaking up on a deer for example. In fact RCW 77.15.210 is rarely used because it can be hard to prove.
Post by: CAMPMEAT on January 15, 2013, 04:01:15 PM
Bigtex, there is a county road on Vulcan Mtn here in Ferry County, that has been posted by the WDFW, no motor vesicles beyond this sign. The county plows that road with my taxpayer money, so why would that be posted ? The road goes about 1 1/2 miles and ends into private land of which I have permission to access.
Campmeat,
Honestly can't say for sure. Usually those signs are meant to be placed in areas where people have illegally driven off the road and created their own road, or spur roads where people aren't suppose to go. Sorry can't be more help.
I thought it was unusual since I know all the landowners up there, all 2 of them..
And it may be someone stole a WDFW sign and posted it to keep someone away, thinking it looks more official. I have seen timber company no trespassing signs many miles away from any of their property.
I bet the kid did it. Never thought of that, but he's 30.
Post by: huntnphool on January 15, 2013, 04:07:58 PM
Post by: Bob33 on January 15, 2013, 04:13:33 PM
Isn't it interesting that it says PRIVATE ROAD NO TRESPASSING in big bold letters and then "on deeded land" below it in smaller text.I suppose an unscrupulous landowner could put a "NO TRESPASSING on deeded land" sign on public land, and hope people make an incorrect inference that the land behind it is deeded.
Post by: boneaddict on January 15, 2013, 04:16:19 PM
He still patrols it like its his own personal game farm too.It would end up costing me some time in court but I seriously doubt they could convict me for hunting on that land since its been purchased by the state.There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.
Still bugs the hell out of me and I wish I could get to the bottom of it. His neighbor just did the same thing. Tack on another couple thousand acres.
Post by: huntnphool on January 15, 2013, 04:27:39 PM
:chuckle:He still patrols it like its his own personal game farm too.It would end up costing me some time in court but I seriously doubt they could convict me for hunting on that land since its been purchased by the state.There is a large chunk of land in the Methow that used to be owned by old Doc. Prewett (sp) but was purchased by the state yet its still posted as private as well.
Still bugs the hell out of me and I wish I could get to the bottom of it. His neighbor just did the same thing. Tack on another couple thousand acres.
Post by: Bean Counter on January 15, 2013, 05:00:30 PM
It all boils down to knowing where you're at when you're hunting.
Post by: Mudman on January 15, 2013, 05:27:11 PM
I have software on my GPS that shows property boundaries and ownership. I have encountered multiple situations in Washington and other states with public land posted as private. I believe it is intentionally done in the vast majority of instances. It is wrong, and should be illegal if it is not. I kind of enjoy finding these conditions, especially if the landowner visits. When told that harassing and interfering with a legal hunt is criminal, and that I'd be glad to call the sheriff and wait for him to come clear it up, the landowner usually leaves in a huff.I also have gps with landowner ID and have seen this a few times as well.
Two years ago I had an outfitter in Wyoming tell me to get off the property I was on. I did the same thing: let's call the sheriff and wait for him to come clear it up. The outfitter immediately left.
Post by: bigtex on January 15, 2013, 05:41:17 PM
I haven't read through all the posts but I think that if someone is posting public land as if it were private then they should do jail time. It should be a form of hunter harassment. Tough to prove, but if you catch 'em in the act.....
Effective Summer 2012 the possibility for jail time for unlawfully posting land was eliminated. Prior to 2012 it was a misdemeanor, it is now a infraction (fine only).
Post by: Bean Counter on January 15, 2013, 05:44:18 PM
Post by: bigtex on January 15, 2013, 06:03:36 PM
:bash: so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?
Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.
Post by: lokidog on January 15, 2013, 07:03:01 PM
:bash: so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?
Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.
He was being facetious... the penalty for knowingly posting land that is not yours should be worse than accidentally trespassing. :bash:
Post by: Bob33 on January 15, 2013, 07:47:31 PM
(1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.
(2) Unlawful posting is a misdemeanor.
As for "accidentally" drifting onto private land: if the land is posted, fenced, or not apparently unimproved and unused, then you can be cited for trespass. Conversely, RCW 9A.52.010 states that “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 or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.”
As of June 2012 there is a new provision pertaining to trespass that applies to hunters: RCW 77.15.435. This law allows a hunter to access private land to retrieve wildlife under certain conditions. The hunter may claim a defense against trespass if “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: Tman on January 15, 2013, 08:04:08 PM
Wonder what some people will call reasonable?
Post by: Bob33 on January 15, 2013, 08:32:17 PM
Post by: 6x6in6 on January 15, 2013, 08:36:24 PM
Call the county commissioner and get the details as to why this specific road is posted with a no trespassing sign.
Post by: 6x6in6 on January 15, 2013, 08:37:31 PM
Post by: huntnphool on January 15, 2013, 08:38:40 PM
And then let me know where the road is. :chuckle::chuckle:
Post by: Bean Counter on January 15, 2013, 08:45:59 PM
:bash: so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?
Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.
He was being facetious... the penalty for knowingly posting land that is not yours should be worse than accidentally trespassing. :bash:
:tup:
Post by: Tman on January 15, 2013, 08:51:28 PM
If it was not readily evident who owned the property, I would probably try to call the local WDFW enforcement officer first and give him a heads up, and ask him if he knows how to contact the landowner. Next I would knock on doors on the property if possible. If there is a phone number, call it. Ask neighbors. If all that results in no progress, then I'd go get the animal and accept the consequences.
exactly why your a responsible hunter with sound reasoning skills. I bet most wont make half the effort..
Post by: 6x6in6 on January 15, 2013, 08:54:45 PM
Post by: bow-n-head on February 04, 2013, 06:43:35 PM
Post by: boneaddict on February 04, 2013, 06:46:29 PM