Posting Land

R

RedLeg Hunter

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I would like to get the opinion of out of state hunters on posting of land in South Dakota. Trespassing on land and posting of property varies by state so that?s why I?m asking. It seems that even if I place no hunting or trespassing signs on my property if it doesn't have a fence around it and I don't have a sign every 100 yards people help themselves to hunting the land, especially habitat close to roads (easy access for road hunters). Also similar situation with Safety Zone signs around the farmstead and feedlots. If you do not see a sign does that mean you can hunt?
 
RedLeg Hunter said:
If you do not see a sign does that mean you can hunt?
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You've addressed your post to non-res hunters. Are you asking if this is the law in their/other states:confused: Sorry, I'm not sure what exactly your asking.

Nick
 
I don't have the regulations in front of me, but I believe the no-shoot zone in front of a house is 330 feet, in either direction of the dwelling; no sign-age is required.

On all private land in SD one needs permission to hunt. You are allowed to retrieve a bird on private land, without permission, but you cannot carry a gun with you, to retrieve said bird.

Hope this helps...
 
In SD, it is 660 feet from an occupied house or from livestock. Many homes have signs in the ditch to mark the edge if the zone, but lack of signs doesn't mean the law doesn't apply.
 
RedLeg Hunter said:
I would like to get the opinion of out of state hunters on posting of land in South Dakota. Trespassing on land and posting of property varies by state so that?s why I?m asking. It seems that even if I place no hunting or trespassing signs on my property if it doesn't have a fence around it and I don't have a sign every 100 yards people help themselves to hunting the land, especially habitat close to roads (easy access for road hunters). Also similar situation with Safety Zone signs around the farmstead and feedlots. If you do not see a sign does that mean you can hunt?
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Apparently you need a physical barrier to slow them down. Maybe a few IEDs too. I just had a group of hunters from far away that went to one of my best spots only to find fresh pickup tracks and not one bird. This was almost a quarter mile off the road. So out will come the trail cams and other measures to catch the culprits.
 
The more signs you put out and the bigger they are, the better. It will not stop everyone, but it should help. Trespassing has always been a problem, but I think in today's "entitlement" society it is getting worse. Here in northern Minnesota its a real problem with deer hunters, even though there is a vast amount of public land to hunt. Trespassing is like getting in to someone's else's vehicle or walking out of a restaurant without paying. It's stealing.
 
funny, it works both ways.....a couple guys in our party wanted to hunt a short ditch in the afternoon, as we were waiting for them to walk to the truck, a farmer pulled up and told us he owned the ground on both sides of the road and had pay to hunt guys coming out the next day......my buddy asked him if he owned the ditch, between the fence and the road.......he replied "no".....we rolled up the window and he drove off....
 
Technically the land owner owns the land to the middle of the road and pays taxes on it, but it is considered right of way or public easement. In South Dakota you can hunt small game in the right of way as long as you engage the wildlife while it is in the right of way, with caveats on the vehicle. If you are in the right of way and the game is on private land you cannot shoot at it while it is on private land. This law is always broken in the heat of the moment and with deer hunting. To further clarify I know some states use purple paint on the fence posts to mark no hunting and in some states in the south if it isn?t posted it is free game. I just wanted to know if it is worth the money I put in signs every year that end up being targets for road hunters. I suppose if the sign is up and I catch someone they can't say they didn't know they could hunt it.
 
Nick:
To clarify, do out of state hunters think that if the land is not posted it is free to hunt. Each state has different ways to mark the property to indicate that it is private property and no hunting or trespassing is allowed. I put signs up every year but they end up being shot. I will continue to put up the signs if it keeps people off my land. But then again it will only keep the honest person off and help prevent a lawsuit if they get hurt on my property.
 
RedLeg Hunter said:
To clarify, do out of state hunters think that if the land is not posted it is free to hunt.
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That's a tough questions to answer RedLeg for no one can speak for all out-of-state hunters, but I can tell you, regardless of laws there's most likely a few that do indeed think that, therefore they may trespass. That's the case with some res-hunters too;)

If I were in your situation, I'd post more signs and make sure they are new, possibly sign and date them. That may denture a few that are on the fence if you know what I mean. Just an idea.

Either way, if you're in the same boat I'm in (except with deer hunters not pheasant hunters) you'll always have some trespassers. I'm not one to make a huge deal out of it but that's me. I can understand how others get worked up over it. Thus far all trespasser have been res-hunters.

Nick
 
I was taught if the property is not mine, you need to ask permission to access property. I follow individual state laws for retrieving games that lands on Pvt. Land. States have funny rules for posting such as sign size lettering font and distance between signs, if minimums are not met then on can access w/o permission.......stupid loophole but unfortunately many hunters use that loophole. I think many have forgotten that hunting is a privilege not a right.......
 
Sign says your not entitled to the wildlife. Wildlife is here because of habitat that required a lot of time, money, and effort.


Sign is 33 feet from the center of the road because Fish Game and Parks Department along with state legislators decriminalized hunting in the right of way, owned by the landowner. Shoot across the property with a toxic substance(lead) and risk a civil lawsuit.


Sign does not say: Work with the farmer, such as offer your services and friendship, maybe he/she will let you hunt their property.
 
Gone Catch'N said:
Sign says your not entitled to the wildlife. Wildlife is here because of habitat that required a lot of time, money, and effort.


Sign is 33 feet from the center of the road because Fish Game and Parks Department along with state legislators decriminalized hunting in the right of way, owned by the landowner. Shoot across the property with a toxic substance(lead) and risk a civil lawsuit.


Sign does not say: Work with the farmer, such as offer your services and friendship, maybe he/she will let you hunt their property.
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in theory the wildlife belongs to the public, but in reality we know that's bull, it belongs to the guy whose land it resides on or flies over. :eek:
 
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hunter94 said:
in theory the wildlife belongs to the public, but in reality we know that's bull, it belongs to the guy whose land it resides on or flies over. :eek:
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most guys want a hefty trespass fee, they don't need or want your help on the farm.
 
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In all the years here and in the Dakotas hunting. I find the trespass issue caused mostly by locals. Not non residents. Locals that know people, where and when they can get away with stuff. People just find it easier to blame the non resident. OH I saw truck tracks, had to be from MN LOL. Trespassing here in MN is like non existent anymore. Why? simply because of the hefty penalty nowa days. I have had that farmer try to kick me off roads making the claim he owns the gravel we stand on LOL. This was at a fed WPA!. I called the sheriff and had him brought up on charges of hunter harassment. After a half hr of him giving me grief on my first hunt this year, I had enough. He had the edacity to try and say I could not park along the road and walk in to the public hunting. The sign is like 10 feet away. He said I had to park in the parking lot, and he owned the road:eek:. Some days you really feel like using the gun butt. Some people out there think the whole world is theirs. I doubt he will bother me again.
 
A farmer we hunted on a few years back found where some guys poached deer on his ranch while we were there bird hunting. He explained to us that most trespassing he sees are local hunters from SD. However he had caught some NR hunters over years too. Our group does not trespass and we stay on the land we have permission to hunt. Our guys Coke from 7 different states to SD and we are all clear on local laws for hunting as anybody else should be. It does not matter what state you are from SD laws are pretty clear and simple.
 
Yep. All states are. Its well known you can walk road ditches in SD. ND it was if not posted go, posted no walkie ditchie. Which was a dumb law to me. If land was not posted you could just take off and walk private land. Not sure if it is still that way. They should have just done as SD, and let you walk the ditch. That law just made people go to the unnecessary burden of putting ugly signs up every 100 feet LOL. Since tax payers pay to build infrastructure. They all should be allowed to walk a stinking road ditch, 0 ? 0 hassle. The late starts keep most of the road popping at bay. And those guys will not quit till caught anyway. All private land should have to have 0 sings saying no hunting. You should have to ask, period. No need for stupid ugly signs. If you use our federal land for grazing or benefit in any way, you should have to allow access on your land.. You should face huge fines and loss of car, guns, and privilege for breaking the law. It would stop that. You as a land owner should face the same penalty for harassing people doing nothing wrong. All would be smooth sailing. Trespass here in MN has taken that turn. Folks who harass you can be booked. And trespass you get the book hard too. You do not need to post private land now that is agricultural. Which means mowed tilled whatever. If an old sign is on a tree from 60 years back, and at one time had a plastic sign, good enough. it just needs to look like it was at some point. Any old faded board means keep your but out. Even if retrieving game legally, and told to leave, you must leave then and there. There is no ? anymore. And that hunter harassment law is the best thing they ever did for those anti folks that go bazerk on you for no good reason. Back in the old day you just punched them in the mouth, rubbed their face in dog crap and went about your day. You can not settle disputes like that any more. And that is why we end up with all this dang law business. A national correspondence where all are the same would be the easy way. But government likes to be stupid. And we pay them LOL:cheers:
 
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