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Retrieving game on posted private land?


311Hemi

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The trespass law is very complex. Extremely complex. It only needs to be legally posted 1 day per year to be considered "posted". So if the sign falls down halfway through the year, it is still posted. I don't recall the part of the phone number. It does need to be signed. But really folks, to start debating IF it meets the law in terms of posting is really beside the point. Ask. Just ask. There is no excuse to not ask. It is just pure laziness. For every excuse that can be made for not asking, the answer is just laziness.

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Like I said in my first post, it is all ways a good idea to talk with and ask permission of adjacent land owners prior to the hunting season. At least try to get phone numbers for them, just incase this was to happen! Like Dietz said, they may even let you hunt their land in the end, anyways. Just the all around good thing to do!

Now, the question Kallista brought up is one where the law is a good thing! I do not think there is anyone on this site or a hunter in MN, which would not go onto non posted private land if he or she had just shot the largest buck they have ever seen. I am talking a true Pope and Young, Boone and Crocket and all of the above. Sure I would do everything in my power to locate a land owner! If I was out in the middle of no where and no signs and I have an idea of where State land ends, I would go in, tread lightly and get out with my deer! If I was asked to leave, I would try to plead my case, but I would leave. I think this is why the law is written the way it is! I do not think I would trek back to truck or camp, drive into nearest town and hope town hall or Library is open and find a plate map and hope the contact info is correct! Get a number and try to get that person on phone!

If a land owner does want people to stay off his land, he will properly post his land and maintain signs! Especially around deer hunting season! In that case, I would call number on posted sign and ask first!

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Quote:

If a land owner does want people to stay off his land, he will properly post his land and maintain signs! Especially around deer hunting season! In that case, I would call number on posted sign and ask first!


I agree with all of your post, but this part. There are a lot of people that don't want to post their land, because if there's a wounded critter they want you to feel like you can follow it & also they don't want to seem unneighborly to their next door neighbors. That doesn't mean that people should think it's okay to hunt there without asking. It simply gets down to a respect issue.

I agree if it's unposted land & I've shot an animal that goes on someone elses land I'm following it. During firearm season, or like in this case so close to it for bowhunting, I would call unless I could see it down just a short distance away. I would definitely drag a deer off their property before gutting it if possible unless they clearly don't care.

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To say you don't know where the property boundries are is a weak point. It is up to us to know the area we hunt. The information is publicly available.

As far as whether it is posted or not consider this. How would you feel if someone walked or drove onto your front lawn, sat down, and spent the day. Take it a step further and suppose he decided to build a platform on one or more of your trees on your lawn. Sure, the wooded acres on someone's "private" property is not their front lawn (most of the time) but the thought is the same. We need to remember that it is private property and we have no real right to invade someone else's private property. We should be glad that we are allowed to do so as much as we do and therefore don't bite the hand that feeds you. If you must trespass for any reason get permission first. If you hunt where there is a potential need to track a deer onto private property, get permission before the season opens and you can avoid the issue of finding the owner at the last minute.

Respect others as you would like them to respect you. Pretty simple if you ask me.

Bob

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Make the Signs Visible

Step One

Keep the signs bright and clean. Even if you properly display a "No Trespassing" sign, it's worthless if the letters have faded or the sign has fallen to the ground. If you are running a business, ask security to check signs regularly during rounds...

Q. Must signs be a specific size?

A. Notices must be a minimum of 11 inches by 11 inches.

Q. Is any particular wording required?

A. Signs must bear the name and address of the owner, lawful occupant or other person or organization authorized to post the area. The sign must bear a conspicuous statement which shall either consist of the word "POSTED" or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign.

Q. How many signs must be used in posting lands and how close together must they be set?

A. At least one sign must be set on each side of the protected area and on each side of all corners that can be reasonably identified. Signs shall be no more than 660 feet apart, close to or along the boundaries of the protected area. Since the signs must be conspicuous, they should be high enough, and spaced closely enough to be seen. Please don't turn your property into an eyesore by using more signs than are necessary.

Q. Is posting required to protect landowners from liability?

A. No. Whether the property is posted or not, the General Obligations Law protects landowners from liability for non-paying recreationalists on their property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered include: hunting; fishing; organized gleaning (picking); canoeing; boating; trapping; hiking; cross-country skiing; tobogganing; sledding; speleological (caving) activities; horseback riding; bicycle riding; hang gliding; motorized vehicle operation for recreation; snowmobiling; non-commercial wood cutting or gathering; and dog training. This protection does not apply in cases of willful or malicious failure to guard or warn against dangers.

Q. May the owner or lessee charge for hunting, fishing, or trapping on the posted property?

A. Yes, but charging for access removes the liability protection granted to the landowner by the General Obligations Law. To learn more about landowner liability see the link for Cornell University's publication "Recreational Access and Owner Liability" under Offsite Links in the right hand column at the top of this page.

Nice to know for land owners

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The point we must always remember is that whether there are signs or not, it is still trespassing onto private property. The signs make it possible for landowners to inform trespassers to stay off without physically telling them in person. No signs doesn't mean open to the public.

Bob

Edit: We complain there isn't enough open land to hunt anymore. If we stay with the mindset that private property is fair game we will undoubtedly give up what little private land we do have access to yet. Forget the rules about signs and treat landowners with respect and we can insure future land available for hunting.

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