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Will Game Warden Enforce Landowner's Rules #5313203 09/18/14 01:05 PM
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If a landowner has different rules than the state, will a game warden at least inform the land owner that certain rules of the land owner are being violated? An example would be if a landowner only allows one buck to be killed on his property in a two buck county, but one of the paying hunters on this property is stopped and has 2 bucks with his tags on them. Will the game warden make an effort to tell the land owner that his rules are being broken, or does the game warden check just for state violations and send the hunter on his way? Or does it just depend on whether the game warden knows the landowner?


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313211 09/18/14 01:10 PM
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Why would he, his concern should only be state law. Not saying it wouldn't never happen though.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313224 09/18/14 01:17 PM
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My experience is that game warders help land owners that help them and rightfully so.......

If a warden knows that a property owner is trying to build up a good herd and makes an effort to help the warden do his job; calls up the warden when he sees road hunters, trespassers, spot lighters, ect.

Then you can bet if he knows the land owner is getting screwed over he's going to tell them; or at the very least inform the hunters they are not following the owners program and if its a slight mistake, say like a teenager shooting a 3yo buck when 4 is the minimum he might just review what the land owner wants and leave it at a warning......

Now if the land owner says 1 buck per hunter only and everybody in camp has 2 bucks and half of them are button bucks; you'll probably want to start looking for a new lease.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313227 09/18/14 01:18 PM
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In the situation you described, no laws were broken, so therefore, the GW would not intervene. If the GW has a relationship with the LO, he might let him know So & So is killing more than one buck, but outside of that, the GW is there to enforce LAWS, not LO rules.


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313229 09/18/14 01:19 PM
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How do you expect the game warden to know what every landowner's rules are?

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313307 09/18/14 01:59 PM
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I know our game warden to contact me and let me know a hunter broke my rules but if the hunter didn't break any state laws he would not cite him for anything.
I agree with earlier poster that the landowner that makes a point to get to know their game warden and helps him when needed will get that kind of help in return.
If I caught a lease hunter breaking my rules he would be gone. Just because the county is 2 buck doesn't mean the property being hunted is 2 buck.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313621 09/18/14 04:20 PM
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I don't think you want to give GW's that kind of power. There are certain things you need to do yourself. If you can't handle your own problems it might be best if you get out of the business.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313660 09/18/14 04:34 PM
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No they won't enforce the landowners rules but.....if they have a good relationship with the landowner and are aware of their rules being broken they will inform the landowner.


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313666 09/18/14 04:37 PM
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Ha! I hope our taxes are not going to game wardens enforcing independent lease rules.


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Re: Will Game Warden Enforce Landowner's Rules [Re: Pitchfork Predator] #5313676 09/18/14 04:40 PM
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Originally Posted By: Pitchfork Predator
No they won't enforce the landowners rules but.....if they have a good relationship with the landowner and are aware of their rules being broken they will inform the landowner.


This is true, but I will add that by law they can't enforce landowners rules. Those are considered "house rules" much like at apartment complexes that have a curfew, LEO's can't enforce those curfews if they are outside the hours of a legal curfew (minors). He can simply advise the landowner of the incident, but even that could have a bad recourse.


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5313742 09/18/14 05:11 PM
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The Game Warden has enough to worry about than enforcing LO rules. If someone asked the Game Warden that question directly, he'd probably have a good ole belly laugh and thank you for making his day! roflmao



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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5314078 09/18/14 08:04 PM
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Game wardens are employed by the state not the individual landowner.....they enforce state laws. If he know the landowner he might mention what he came upon...but legally he cannot do anything because no laws were broken.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5314146 09/18/14 08:24 PM
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Off topic a bit, just called out GW in Concho County with a couple questions. As always Jacob was professional beyond the pale. up


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5314479 09/18/14 10:38 PM
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As others have already said it is not the GW duty to enforce land owner rules. However just because he cant enforce the rules that does not mean that the land owner cant take legal action against you. For example: If you sign a contract with the lease rules stating you can only shoot 1 buck and you shoot 2 bucks then the land owner can still file a lawsuit against you to try to recoup the value of the extra buck you took. Just because you might not break any laws that still does not protect you from legal action if you break the rules.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5315062 09/19/14 04:59 AM
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GW just enforce state laws. It is up the LO to file a lawsuit if you broke a contract. They normally don't enforce trespassing unless a LO says you should not be there. They don't carry contracts for each property on them.

Re: Will Game Warden Enforce Landowner's Rules [Re: Ramsey] #5315204 09/19/14 12:07 PM
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Originally Posted By: Ramsey
Off topic a bit, just called out GW in Concho County with a couple questions. As always Jacob was professional beyond the pale. up

Clear your pm's have a question for you.
thanks

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5315250 09/19/14 12:41 PM
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Quote:
As others have already said it is not the GW duty to enforce land owner rules. However just because he cant enforce the rules that does not mean that the land owner cant take legal action against you. For example: If you sign a contract with the lease rules stating you can only shoot 1 buck and you shoot 2 bucks then the land owner can still file a lawsuit against you to try to recoup the value of the extra buck you took. Just because you might not break any laws that still does not protect you from legal action if you break the rules.


What is the basis for being able to sue for the value of property that is not yours? The buck is owned by the state, not you as the landowner. I would think that all that you could recoup is the lease fee amount.


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Re: Will Game Warden Enforce Landowner's Rules [Re: Double Naught Spy] #5315391 09/19/14 01:59 PM
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[quote=Double Naught Spy][quote]As others have already said it is not the GW duty to enforce land owner rules. However just because he cant enforce the rules that does not mean that the land owner cant take legal action against you. For example: If you sign a contract with the lease rules stating you can only shoot 1 buck and you shoot 2 bucks then the land owner can still file a lawsuit against you to try to recoup the value of the extra buck you took. Just because you might not break any laws that still does not protect you from legal action if you break the rules.

What is the basis for being able to sue for the value of property that is not yours? The buck is owned by the state, not you as the landowner. I would think that all that you could recoup is the lease fee amount. [/quote

I would guess, depending on how the contract was written, a kill and/or trespass fee could recoup the extra in a lawsuit. That would leave deer "ownership" out of the equation.

Last edited by Western; 09/19/14 03:21 PM.

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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5315507 09/19/14 03:03 PM
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I don't believe the game warden has the right or authority to enforce a land owner's rules, only the rules set up by the state. Now, that doesn't mean that if he has a good relationship with the land owner that he won't inform him.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5315515 09/19/14 03:07 PM
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I believe what Double Naught said is true. The landowner can't sue for the value of the deer because they don't belong to him. What many folks don't realize is that when you lease a property to hunt you are actually just paying a trespass fee to the landowner that allows you the legal right to be on the property. The most the landowner can do is revoke that right and kick you off the place.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5315523 09/19/14 03:12 PM
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What if the LO paid the GW on the side to be private security for his property, popcorn

Re: Will Game Warden Enforce Landowner's Rules [Re: Brother in-law] #5315540 09/19/14 03:24 PM
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Originally Posted By: Brother in-law
What if the LO paid the GW on the side to be private security for his property, popcorn




I doubt their employer would allow that conflict of interest.... And when would the GW have time grin ?

BUT, what if it was the GW property?? Hmm That is when I think you would have some "issues", but not so much with state law.


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Re: Will Game Warden Enforce Landowner's Rules [Re: Brother in-law] #5315566 09/19/14 03:34 PM
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Originally Posted By: Brother in-law
What if the LO paid the GW on the side to be private security for his property, popcorn




Game Wardens won't accept money while in uniform as they could lose job. Now on the GWs off time that's a different matter but they wouldn't be any different than an average joe. Seems that could be a conflict of interest that GW wouldn't want to pursue.


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Re: Will Game Warden Enforce Landowner's Rules [Re: Russ79] #5316258 09/19/14 10:59 PM
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Originally Posted By: Russ79
I believe what Double Naught said is true. The landowner can't sue for the value of the deer because they don't belong to him. What many folks don't realize is that when you lease a property to hunt you are actually just paying a trespass fee to the landowner that allows you the legal right to be on the property. The most the landowner can do is revoke that right and kick you off the place.


Do me a favor........go purchase a "cull" hunt on one of the big name ranches. When a 200" B&C steps out there go ahead and ground check him and see what happens. While you are at it go ahead and bust you a second buck as well. After all...........all he can do is tell you to leave right???

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5316924 09/20/14 01:51 PM
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JCB is exactly right...

if the hunter only had permission to shoot one deer, then he did break the law because he "poached" the second deer.

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