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Trespass question...
#18419
02/23/05 02:46 PM
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Joined: Nov 2004
Posts: 2,618
pyledriver
OP
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OP
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A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!
Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!
Randy
"Providence protects children and idiots. I know because I have tested it" -Mark Twain
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Re: Trespass question...
[Re: pyledriver]
#18420
02/23/05 02:48 PM
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Joined: Aug 2004
Posts: 1,951
Bradbury
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Looking to buy or sell Real Estate anywhere? Let me know, I can help. Just email me steven.bradbury@cbdfw.com
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Re: Trespass question...
[Re: Bradbury]
#18421
02/23/05 02:51 PM
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Joined: Nov 2004
Posts: 2,618
pyledriver
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'Not' as in, it's not ok or it's not trespassing?
Thanks!
Randy
"Providence protects children and idiots. I know because I have tested it" -Mark Twain
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Re: Trespass question...
[Re: pyledriver]
#18422
02/23/05 02:56 PM
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Joined: Aug 2004
Posts: 1,951
Bradbury
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My bad...Not as in it is not ok......best to have permission...there are several areas of open pasture that are unfenced that are in fact owned by an individual....so better to have permission..unless it is corp land and thus it would be marked in some way....
Looking to buy or sell Real Estate anywhere? Let me know, I can help. Just email me steven.bradbury@cbdfw.com
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Re: Trespass question...
[Re: Bradbury]
#18423
02/23/05 02:58 PM
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Joined: Sep 2004
Posts: 4,550
kyotee1
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Pyledriver, You're absolutely correct! Regardless, if you DO NOT have permission to be on that piece of property, then you are trespassing. When a game warden checks you on a parcel of land, they will ask if you have permission to be on that property and regardless if you say yes, they WILL check with the landowner. It will then be his/her right to pursue legal action.
Look at it this way, if your home is in the country and it's NOT fenced or posted, does that give ANYONE the right to come on your property where your home is and sit in the yard, shooting doves, ducks, geese, deer, etc.? NO
I asked the same question to a friend of mine that was trespassing on some neighboring property to hunt deer. He told me that it wasn't "POSTED" and therefore, was able to hunt it. Then I posed the question to him about someone coming into his milo fields and hunting doves (which were thick as flies on a carcass), he replied, No, because I didn't give them permission!
Please advise your friend that he is entirely wrong on his thinking and could end up with a stiff fine if not in jail if carrying a firearm.
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Re: Trespass question...
[Re: kyotee1]
#18424
02/23/05 03:09 PM
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Joined: Nov 2004
Posts: 2,618
pyledriver
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I definitely will! I also didn't want to get in trouble over someone else's interpretation of the law...no judge would excuse that for sure!
Thanks for the input!!
Randy
"Providence protects children and idiots. I know because I have tested it" -Mark Twain
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Re: Trespass question...
[Re: pyledriver]
#18425
02/23/05 06:20 PM
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Joined: Sep 2004
Posts: 402
duckchick
Bird Dog
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Bird Dog
Joined: Sep 2004
Posts: 402 |
Quote:
A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!
Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!
Randy
WELL IF SOME ONE COMES ON MY LAND TO HUNT JUST BECAUSE IT DOESN'T SAY 'NO TRESPASSING'! THERE IS GOING TO BE SOME A$$ KICKING GOING ON!!
AND THIS IS KINDA OFF TOPIC...BUT I'M TIERED OF THE DAMN OIL WELL TRASH!! OUR PLACE IS HIGH FENECED AND TWO YEARS AGO WE HAD A NICE 14PT WITH DROP-TINES, SAW THAT DEER EVERY DAY!! BUT ON DAY HE DIDN'T COME UP TO EAT AT FEEDING TIME,THOUGHT WELL MAYBE HE'S OFF DOING 'DEER THINGS',...1WEEK GOES BY...2WEEKS...3WEEKS...A WHOLE DEER SEASON. POINT IS I'M SURE SOME OIL WELL TRASH HAS A GOOD 180 CLASS 12PT WITH DROP-TINES HAGGING IN HIS TRAILER HOUSE!!
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Re: Trespass question...
[Re: pyledriver]
#18426
02/23/05 07:45 PM
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Joined: Sep 2004
Posts: 34
sandman
Light Foot
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Light Foot
Joined: Sep 2004
Posts: 34 |
One more sort of new thing to keep an eye out for is the purple painted fencepost tops or tree trunks. That now serves the same purpose as a posted sign.
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Re: Trespass question...
[Re: sandman]
#18427
02/23/05 08:10 PM
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Joined: Oct 2004
Posts: 39,593
redchevy
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This is just my rule of thumb, "if it aint yours then stay off".(unles you have permision)
It's hell eatin em live
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Re: Trespass question...
[Re: redchevy]
#18428
02/23/05 08:28 PM
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Joined: Sep 2004
Posts: 4,550
kyotee1
Extreme Tracker
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Redchevy...you said a WHOLE lot in just a few words!! Thanks bud!
It's hard trying to purchase a piece of property because you want somewhere to go and not be hassled with/by anyone else only to find someone of THOSE folks has already been there once you have it and seem to never leave or at least their trash/garbage. Do the right thing, prosecute a poacher, thief, trespasser, etc. and have fun doing it.
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Re: Trespass question...
[Re: duckchick]
#18429
02/24/05 12:47 AM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
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Ah, yes, your friendly local pumper, or the roust-a-bout crew that comes in to service the wells. I am not sure that they do, but I think the King Ranch got a handle on that one. Now I have never been on there, but once you get past Kingville headed south, every gate has a guard house at it and it looks like you have to sign in and out, and they probably know just exactly how long it takes to check the wells and tank batteries. Course, not everybody can afford that kind of set up. What I have seen some folks do though, is go to the producer, and hire on or make a deal to be the pumper of the wells on their land. Just a thought.
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Re: Trespass question...
[Re: duckchick]
#18430
02/24/05 01:15 AM
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Joined: Sep 2004
Posts: 257
Sundial
Bird Dog
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Bird Dog
Joined: Sep 2004
Posts: 257 |
Quote:
Quote:
A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!
Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!
Randy
WELL IF SOME ONE COMES ON MY LAND TO HUNT JUST BECAUSE IT DOESN'T SAY 'NO TRESPASSING'! THERE IS GOING TO BE SOME A$$ KICKING GOING ON!!
AND THIS IS KINDA OFF TOPIC...BUT I'M TIERED OF THE DAMN OIL WELL TRASH!! OUR PLACE IS HIGH FENECED AND TWO YEARS AGO WE HAD A NICE 14PT WITH DROP-TINES, SAW THAT DEER EVERY DAY!! BUT ON DAY HE DIDN'T COME UP TO EAT AT FEEDING TIME,THOUGHT WELL MAYBE HE'S OFF DOING 'DEER THINGS',...1WEEK GOES BY...2WEEKS...3WEEKS...A WHOLE DEER SEASON. POINT IS I'M SURE SOME OIL WELL TRASH HAS A GOOD 180 CLASS 12PT WITH DROP-TINES HAGGING IN HIS TRAILER HOUSE!!
That deer went from 14 to 12 points...
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Re: Trespass question...
[Re: Sundial]
#18431
02/24/05 01:21 AM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
THF Celebrity
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Re: Trespass question...
[Re: Sundial]
#18432
02/24/05 02:57 AM
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Joined: Sep 2004
Posts: 402
duckchick
Bird Dog
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Bird Dog
Joined: Sep 2004
Posts: 402 |
SORRY!!! MY-BAD!!! HE WAS A 14PT. NOT A 12PT!(BOLOND MOMENT)
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Re: Trespass question...
[Re: pyledriver]
#18433
02/25/05 03:25 AM
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Joined: Sep 2004
Posts: 4,187
OFBHWG
Extreme Tracker
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pd tell your friend that if it aint his and he dont have permission its wrong. you dont have to talk to anyone there is no justification ITS WRONG it dosent matter what the law says or how you can spin the situation. IF IT AINT YOURS AND YOU DONT HAVE PERMISSION ITS WRONG.
When you need a Piano moved there is always someone around to help you with the stool!
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Re: Trespass question...
[Re: OFBHWG]
#18434
02/25/05 03:36 AM
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Joined: Nov 2004
Posts: 2,618
pyledriver
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Thanks for the replies! I did get the 'official word' and it is illegal to hunt, fish, shoot, or use somebody's land without permission whether it's fenced or not. I do have to admit to fishing some places that weren't fenced when I knew I shouldn't be there! I was younger then and kinda hoped nobody would come down too hard on a kid with a fishin' pole! I'm so 'by the book' now though that it would give me fits to even consider something like that! I guess that's what happens when we get older and wiser...ok, just older!
"Providence protects children and idiots. I know because I have tested it" -Mark Twain
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Re: Trespass question...
[Re: pyledriver]
#18435
02/25/05 10:52 AM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
THF Celebrity
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Re: Trespass question...
[Re: pyledriver]
#18436
02/26/05 07:31 PM
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Joined: Sep 2004
Posts: 554
Streater
Tracker
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Tracker
Joined: Sep 2004
Posts: 554 |
Anyone who has ever been peppered with salt shot would advise against it. According to the law, ignorance is no excuse. On the other hand, the warden at one of the leases I was on a few years ago, told us to post signs and paint some fence posts purple because it was hard to make a case to the DA if the land isn't posted.
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Re: Trespass question...
[Re: Crazyhorse]
#18437
03/01/05 12:54 PM
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Joined: Oct 2004
Posts: 347
DPD25
Bird Dog
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Bird Dog
Joined: Oct 2004
Posts: 347 |
CHC,
This is waaay off topic but.....every time I read your little Navajo legend, I fall out of my chair laughing!
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Re: Trespass question...
[Re: DPD25]
#18438
03/01/05 03:56 PM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
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I will stray from the topic, and explain the signature. Since Lora and I do a lot of long distance trips on a regular basis, and it gets hard to find a good radio station a lot of times, we listen to books on tape. One series of books that I have really gotten fond of, are the Navajo detective series, written by Tony Hillerman. The main reson why Lora and I like them, is that when we go up to Colorado on our late season cow elk hunts, we spend the night in either Albuquerque or Gallup. Then we head on up to Collbran, by going that way, we cross a big chunk of the Navajo Indian Reservation in western New Mexico, and have even went over thru Monument Valley where The Searchers was filmed. If you have ever watched the movie She Wore A Yellow Ribbon, we have been up to and looked in the cabin that was used for the interior shots of John Wayne's quarters. Well in one of the last tapes that we were listening to, that quotation was made about the dog, and I nearly wrecked the explorer. What is really neat, a large portion of the places Hillerman mentions, are real places that we have driven past. On our way back from Collbran, we make it a point to stop at a place between Shiprock and Farmington, that is the oldest operating sheep slaughter station in the southwest, and we buy lamb to take home, and I always get a pound or so of cooked lamb ribs. I love them but they are to strong tasting and greasy for Lora.
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