Tree stands. public or private property?

[snapcrackpop]

"... then someone who finds it can call you and ask your permission to hunt that area of public land."

Boy, that's brilliant. Now we should call someone to use an area of PUBLIC land.

[nofishfisherman]

Earlier I mentioned finding a permanent stand in the area that I hunted last year. I hunted out of it Thursday afternoon through Saturday afternoon the week after opener. There were several clues to indicate it hadn't been used in a while.

This season while scouting I was back at that stand and saw no further sign of use. However, this time I left some sticks and stuff sitting on the seat so that I can easily tell if someone had been there opening weekend (I won't be up there until mid week after opener again).

If I see the debris still on the seat I'll feel fairly safe in knowing the stand hadn't been used at all since Labor day weekend when I scouted it, in which case I'll feel comfortable hunting out of it.

I actually thought about leaving a note on the stand stating my intention to hunt in that immediate area later in the week after opener with my name and contact info so that if anyone saw the note and planned to hunt at the same time he could call me and we could discuss our plans and figure out a plan that would allow us both to hunt safely and comoftably. I would have for sure deferred the stand to him if he was the one who built it. For some reason or another I opted not to leave the note but am thinking I should have.

What bugs me more than anything about hunting and hunters is the sense of entitlement some guys have. If you put a stand up on public land that doesn't give you any additional right to that spot. If it did why not anchor a boat on the community honey hole on the local lake and leave it there all summer? I think some people need to take a step back and relax. Someone using your stand doesn't mean they are a criminal, low life, tax cheat, or that they have terrible parents. Assuming such things does more to prove the quality of your character than that of the person in your stand.

If you see someone using your stand (which is perfectly legal) either wave and move to the next spot or maybe just go over quietly and talk with them and let them know that its your stand, that they are welcome to hunt in it for that hunt but that you planned to use it for the eveing hunt or the next days hunt, or whatever the case may be. Then move on and find your plan B. Just because its an inconvienence and annoying it doesn't mean you have to be a richard about it. Life is too short and hunting is too much fun to let your blood boil over such a minor thing.

[snapcrackpop]

Not sure how this applies but I found it in the hunting regs book in the deer section.

ELEVATED STANDS IN STATE PARK AREAS

• Other hunters or the general public may not occupy stands legally placed by a hunter.

That section pertains to "special hunt areas" only.

Otherwise , as pertaining to hunting regular public land, the second point in page 73 says, " any unoccupied, permanent stand or blinds on public land is public and not a property of the person who constructed the stands. Any use of threat or force against another person to gain possession of the stand is unlawful."

[monstermoose78]

If some one beats you into your stand then you should have not drank so much the night before. When hunting public land I make darn sure I am there well over and hour early, but if someone did beat me in there well it is theirs to use I will not force them out. I well set up near there to make sure they dont steal my ladder stand.

[dietdew]

Dietdew:

It sounds like you put a lot of time into cutting brush/shooting lanes on public land and consider the area yours due to your labor investment. Maybe someone before you has scouted it and hunted there before you brushed it out. Maybe someone using the stand believes whoever built it died. If the stand is legally on public land and unoccupied it's available for public use but not theft. You said using a stand someone else put up is legal and I agree. You said to using one however is "Unethical" sounds like your justifying keeping a public location for your use only. You haven't mentioned if your talking about state or Federal Govt. land as the laws differ. However, someone using your stand may get into trouble just over the cutting issue. Why don't you hang a sign on your stand with your name, phone number and the dates you intend to use it then someone who finds it can call you and ask your permission to hunt that area of public land.

I don't deer hunt anymore and never cut brush that wasn't legal For what ever parcel I was hunting.

I am not talking about your typical perm stands in these cases. I'm talking stands that were taken in and out at the end of season. Not necessarily metal stands but portable none the less.

Just trying to play a little devils advocate and keep the thread going.

If I park my fish house on a public lake is it a public fish house? Can anyone use it? Am I claiming public water as my own?

[echotrail]

A sarcastic statement. Obvious to most, not to all.

[jay83196]

Bottom line its legal to use any unoccupied stand you come across, I personally wouldn't unless I knew for certain it was not going to be used. I have a couple thoughts one I want to avoid conflict and second I think its about courtesy if someone took the time I didn't take to put a stand up then I shouldn't use it, if I want to sit in a stand that bad I should put my own up then. I realize many people don't view it this way and they are entitled to have that opinion, to me its just common sense to not use it. More so ladder stands because I think they in most cases are taken down and put up that year with intentions to use it , permanent could have been built 3 years ago and never used again so I would evaluate it and see if I could judge if was being used.

[NEUT6899]

Be a sportsman... If you didnt built it or place it in the tree stay out of it!!! Do your own work!!!

[jay83196]

Exactly!

[surewood]

Dietdew, that's what I was getting at with the fish house statement. It's private property on public waters. Really not much different then stands on public land. Other then any enforcement for using a stand is impossible. Although like I said I'm not for any law changes. Just something to think about. I wouldn't feel comfortable sitting in a stand I didn't put up. Safety, and I didn't put in the work. A big part of the hunt is scouting, hanging a stand, and keeping it clear of brush/limbs in your shooting lanes.

[deerminator]

Be a sportsman... If you didnt built it or place it in the tree stay out of it!!! Do your own work!!!

Dude, how sportsmanlike is it to claim a spot on public land with your stand? Public land belongs to everyone. If you're going to hang a stand there, you'd better expect someone else could hunt out of "your spot." I don't view that as lazy. I view leaving a stand out all year in one spot and claiming it as your own on public ground lazy and unethical. Nor is it legal in most instances! Respect others! Follow the law!

[dietdew]

That section pertains to "special hunt areas" only.

Otherwise , as pertaining to hunting regular public land, the second point in page 73 says, " any unoccupied, permanent stand or blinds on public land is public and not a property of the person who constructed the stands. Any use of threat or force against another person to gain possession of the stand is unlawful."

[NEUT6899]

Deerminator..

I do follow the law..The area i hunt we are allowed to have perm stands. Yes it is public land and if someone were to beat me to the stand i wouldnt throw a fit. I would explaing to this lazy SOB that i am the one that has put time, effort and $ in keeping this stand updated and safe year after year. If they were to argue the point i would walk away and go to another spot.. I just think its wrong but thats my opinion...

[snapcrackpop]

1 of my boys likes to ask lots of questions, but he doesn't listen to the answers...

[itsashooter]

Leaving a stand out for anytime more than the deer season itself is ridiculous. I would hope nobody leaves a stand up on public grounds for one second past the deer season . The whole reason it is LEGAL to use someone else's treestand on public grounds is to avoid confrontation. If it really irritates you to see these stands up out of season, the DNR will take it down if notified. Like somebody already said, the hard work of scouting, putting up the stand, is enough to keep me out of anyone else's stand. I think it's EXTREMELY lazy to use someone else's stand, as its also EXTREMELY lazy to leave a stand up for any time but the deer season !

[fr0sty]

I would add selfish to this description. It's public land. No squatters

as its also EXTREMELY lazy to leave a stand up for any time but the deer season !

I would think that plays some part as to why it's legal to sit in someone stand. To discourage people from leaving their stands out.

In places where it's legal to leave a permanent stand out, then others should respect that person and work and not use it. Are there places in MN where permanent stands can be left out?

[eyeguy 54]

a stand does not have an owner once built on or left on public land. and that's the way it is.

[Getanet]

There appear to be a few different definitions of a permanent stand. To me, a permanent stand isn't a portable stand that is just left up year round. A permanent stand is nailed to a tree, either using wood hauled in by the hunter or cutting branches to length. Removing this type of permanent stand wouldn't make sense, unless you don't plan to use that stand in the future.

[Musky Buck]

I liked the one about leaving a note when you plan to hunt the stand, well geez not that humans ever lie but I plan to hunt it from November 3rd-11th and every muzzleloader day as well. See ya. My only beef with the whole argument is a neighbor I know well, he isn't a very kind gentleman especially on public deer grounds, but he freakin owns about a 1/4 million dollar lake place with a new every 5 years ranger boat, hard to feel sorry for that buzzard. His season tickets to the vikes and twins etc. What a clown of the year candidate, he said he just doesn't want to own land he uses 9 days out of the year, brand new 2012 ext cab, my reaction is then don't freak out about people stepping on your toes northeast of park rapids fella.

[NTW]

If you put a stand up on public land and I cannot find a better position, I'll sit in it if you're not there. Plain and simple. You don't own the land and have no right to claim public land for the entire season.

If I catch you in my stand on public land (and I have), I will start walking the other direction the moment I see you so that I don't mess up your hunt.

It is not unethical or unsportsman. That is how it goes with public land.

[eyeguy 54]

well said

[dietdew]

There appear to be a few different definitions of a permanent stand. To me, a permanent stand isn't a portable stand that is just left up year round. A permanent stand is nailed to a tree, either using wood hauled in by the hunter or cutting branches to length. Removing this type of permanent stand wouldn't make sense, unless you don't plan to use that stand in the future.

I use to build box stands that that I could take up and down in about 45 minutes. Haul in on a wheeler in one trip. No trees involved.

Is that permanent or portable......

[Getanet]

If you put a stand up on public land and I cannot find a better position, I'll sit in it if you're not there. Plain and simple. You don't own the land and have no right to claim public land for the entire season.

If I catch you in my stand on public land (and I have), I will start walking the other direction the moment I see you so that I don't mess up your hunt.

It is not unethical or unsportsman. That is how it goes with public land.

Just out of curiosity, why use the person's stand? Of course they don't get to claim public land for the entire season. In that respect, nothing is stopping you from still hunting that area without taking advantage of someone else's work to do it.

[Getanet]

I use to build box stands that that I could take up and down in about 45 minutes. Haul in on a wheeler in one trip. No trees involved.

Is that permanent or portable......

Legally I have no idea, but since it doesn't sound like it's nailed to the tree I would consider that portable. Wasn't that awfully heavy?

[dietdew]

Legally I have no idea, but since it doesn't sound like it's nailed to the tree I would consider that portable. Wasn't that awfully heavy?

I pre assembled them at home, took them apart and reasembed at location. Heaviest part was the 2x6 legs but I tied everything to the wheeler so it wasn't that bad. Used stakes and cables for support and had a felt roof.

Not the most comfortable but worked great when you found a spot that didn't have trees.