The state pursued this case to set precedent. There are a number of individuals "claiming" residency based on things like vacation homes and mailing addresses. Factor in the ease of obtaining a driver's license, and it's a real mess.sounds like GF&P was simply "showing their ass"......bad publicity for them and SD at a time hunting and tourism is suffering.
no offense taken. this is a sticky issue....i agree, you should live in SD to have state privileges, period. it's just how draconian the measures were taken to harass this guy, more than enforce the law...which as written is a mess. in the end GF&P gets the black eye....was it really worth it?The state pursued this case to set precedent. There are a number of individuals "claiming" residency based on things like vacation homes and mailing addresses. Factor in the ease of obtaining a driver's license, and it's a real mess.
Based on the prior encounters with this individual, the GFP decided to try to set precedent in this case. And ended up with egg on their face. Hunting and tourism needs to be promoted, but to receive the perks of a resident, you need to live here. I think it's pretty clear that the defendant does not live in South Dakota, but the language of the law doesn't technically define him as a non-resident either.
EDIT: As I reread this thread, I wanted to clarify that I didn't mean to sound argumentative to your post hunter94. I agree with what you say.
Here is the language - You must have a fixed and permanent domicile in the state and have lived in the state for at least 90 consecutive days prior to making application. You must make no claims of residency in any other state or foreign country and have transferred your driver's license and all your motor vehicle registrations to South Dakota.My guess is there's more history there. Somebody had an axe to grind.
If the law allows or prohibits something I don't like, though, I better not look down my nose too much at people who take advantage of it. It becomes my responsibility to try to get the law changed.
So in order for a person to attempt to shoot my pheasants as a "resident", here's what should be added to the law:
"A person having multiple abodes, which are permanent structures, regardless of amenities, shall spend the most time at SD abodes.
Suspicion of violating this law isn't enough to make an arrest. An arrest warrant is required, & guilt shall be pretty much proven in order for a judge to issue the warrant."
Innocent until proven guilty. Tadaa!!
Right. Just add my previously suggested language, plus this. "Cases & resulting penalties shall be decided by a bunch of people who firmly believe they are SD residents & have the old hunting licenses to back it up."Here is the language - You must have a fixed and permanent domicile in the state and have lived in the state for at least 90 consecutive days prior to making application. You must make no claims of residency in any other state or foreign country and have transferred your driver's license and all your motor vehicle registrations to South Dakota.
The guy had been ticketed before by the same gamey (IIRC). I think both sides said "prove it" and neither side won or lost. The state could have more easily changed their language than tried to establish precedent.
Basically, he argued that he met all the requirements and that there is no legal definition "claim of residency". I know the brain trust that is a cabal of pheasant hunters can determine who is and is not, and should be consulted to revise the legalese of the hunting handbook so that there is no question. Kinda like, "You don't like look yer from these parts, city boy!!" Boom, he has to buy a non-resident license.
The guy knew what he was going. He claimed homestead in Colorado for pete sake. He was playing in the grey area of the law hoping to skate by and he got caught. Shame on him.
Might be related to this, but I faintly recall reading an article a few years ago about how South Dakota has the highest number of "residents" that have never actually lived in the state. It was mostly retired people that live in/travel in RV's and claim SD as their residency due to no income tax.Americas Mailbox is a campground in Box Elder SD that specializes in working around residency issues. Its an interesting option.
But this is from their website:
"Selecting a domicile state can be quite easy, and the requirements for establishing residency can be quite minimal. However, it is worth noting that if at some point in time you are called upon to prove in court that your chosen state is your true domicile rather than a different state where you might have more ties, you may face an uphill battle if you own large assets like real estate and/or spend a lot of time in a state that isn’t your chosen domicile state".
Box Elders population surged from 3000 to almost 7000 in one year.. Hmmm..