Permanent Blind Question?

[gurkster]

My dad lives on a small lake/swamp that I duck hunt on. At times other parties hunt the lake too. I am wondering if I built a duck blind on his land can others hunt it or is that private property? I would build it in the weedy area that may or may not hold water depending on the year, so there is a good chance that in some years it could be in a foot or so of water.

[dan z]

Build it and they will come.... unless you post it like mad.

[brittman]

Do the other people that hunt the lake hunt near that location ?

While laws MAY work in your favor preventing them from using the blind itself, the blind will at times be worthless if they are hunting the same general area.

The other issue could be vandalism ... I would not sink a huge amount of money into a blind that can be accessed by the public.

[pikestabber]

I am not 100% sure how it applies to duck hunting, but it would be my guess that if it is a dry year and it's posted, they cannot legally hunt (it's trespassing). On a wet year, however, where there is water between your blind and the land I would think it is fair game and not something you could legally enforce. I'm not even sure if you could legally post it at that point as you cannot own the water nor build permanent blinds on public land (and the water itself is considered public). I grew up fishing/hunting a lake up north here and some yo-yo tried to come kick me off the lake because I was on his property...I was over 100 yards out from the nearest shoreline on a long, weedy point that was submerged in 2' of water, yet this guy was trying push his weight around and claim over a hundred yards extra of "land" that was actually part of the lake (and is fully submerged even on a dry year). He didn't have decoys out or a blind up or anything. Needless to say, we told him to take a hike and he did. He knew he was in the wrong. Long story short--find out the laws and don't be afraid to protect what is yours, but in a public place you will have people pushing boundaries on both sides of the issue.

Is it possible to have a semi mobile blind? Something that can be moved from year to year or after heavy rains or what have you? Might solve the problem if it is always attached to your property. I know for me permanent blinds are like permanent deer stands...if I didn't build it, I don't use it, but that's not true of everyone

[magnum mike]

This isn't that difficult fellas. Your property is determined by the high water line. Anything below that is public property and fair game. The only exception is if you own ALL the property surrounding the lake and their is no access without tresspassing which doesn't sound like it applies here.

[booger]

Another idea would be to put a lock on it. If they can't get in, it would be hard to hunt

not sure how practical that is but its worth mentioning.

[benbosh]

This isn't that difficult fellas. Your property is determined by the high water line. Anything below that is public property and fair game. The only exception is if you own ALL the property surrounding the lake and their is no access without tresspassing which doesn't sound like it applies here.

not quite. here are some links that might help

http://files.dnr.state.mn.us/publications/waters/Pardon_Me_Myth.pdf

http://www.dnr.state.mn.us/waters/watermgmt_section/pwpermits/waterlaws.html

[magnum mike]

Nice job on the research Benbosh. Obviously there are factors that will determine if the blind is public or private. If it were MY blind, I would build it in the water and not on land which would make it open to the public.

Benbosh makes a good example where a little research takes the guess work out of legal questions that pop up on public forums like this.

[TylerS]

If you built a permanent blind on public property, it's public domain. If you build a permanent blind on your own land, it's private domain.

On that note, I'm not sure the legality of building a permanent structure on public property, so you might want to check with your local CO before breaking out the 2x4s and bandsaw.

[Gordie]

The DNR rules say.

Bli nds and Sink Boxes

• No person may erect a blind in public waters or on public land more than one hour before the open season for waterfowl.

• No person may take migratory waterfowl, coots, or rails using a sink box or in

public waters from a permanent artificial blind. A sink box is a structure that

allows a hunter to partially hide beneath the water surface.

• Any blind on public land or in public waters when not in use is considered

public

and not the property of the person who constructed

it. Any use of

threat or force against another person to gain possession of a blind is unlawful.

• Hunters may use aquatic emergent plants, such as cattails and bulrushes, cut

above the waterline, for building blinds.

Decoys

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