What to do with trespassers

moellermd

moellermd

Super Moderator
I have thought about this situation for a while and thought I would throw it out for comment.

Towards the end of the season last year a farmer whose ground I hunt in SD called me on my cell while I was out hunting. The conversation went something like this.

FARMER: So I see you got a new pickup
ME: No
FARMER: I just saw a silver dodge pickup with Sioux County Iowa plates by my draw and a guy walking it.
ME: That's not me.
FARMER: I wonder who that is. No one else has asked and you guys are the only ones who I let hunt. If you see them, tell them you are me and chew their ass they are not suppose to be in there.


I do farm work for this guy and we are family friends. I know he does not let others hunt and saves it for me. He is the type of guy who does not like conflict and would not chase a trespasser down.

So what is the best way to deal with guys who trespass on land that is not yours but don't have permission to be there.
 
Write up a simple lease agreement for a small fee say 25$ a 5year or one year deal giving you hunting and posting and permission rights, post it with signs with your name on it and you can do the chargeing I think worth looking into maybe Thats the kinda crap that gets us all kicked out.. :thumbsup:
 
I'd get on my cell and call the Sheriff and tell I have trespassers and would he please get them out. If they give him trouble he should write a ticket.---Bob
 
I agree with everything FCS, Bobeye and Browning suggested.

I give as much grace on trespassing as hunters limit excuses FOR trespassing. Basically I have experienced unlimited amount of excuses for trespassing and unfortunately the best cure is tough love.

I admire when a non-landowner can fully respect and understand the rights and wishes of the landowner but it is rare.

If you follow the 80/20 rule the 20% of offenders ruin a good thing for the 80% that are respectful and law abiding. You got to take a hard stance on the 20% to preserve the rights and interests of the 80% that are good guys.
 
Yes, but maybe a visit from the Conservation Officer and a good ass chewing would be all that's needed. The guy would probably think next time before going on land without permission. It's sure better than doing nothing.
 
shoot em...... no just kidding but i would definently make it a point to contact them and tell them that they are on private land. are there other wiha around the property? because i've done that before. thought i was on a wiha and accidently wondered on to private. maybe its just a mistake. or does this happen all the time?
 
First, make sure you know the full situation before acting. What if the farmer rents the land from someone and the owner gave these hunters permission to hunt there.

Also keep in mind that the owner or operator will need to press charges against the trespassers before a Warden will give a ticket. A third party will not be able to do this for him without his cooperation.

LM
 
landman said:
First, make sure you know the full situation before acting. What if the farmer rents the land from someone and the owner gave these hunters permission to hunt there.

Also keep in mind that the owner or operator will need to press charges against the trespassers before a Warden will give a ticket. A third party will not be able to do this for him without his cooperation.

LM
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Even with a lease agreement out there? I believe in MN The Leasee can prosicute.
 
My father had an ag lease on our land for eight years. During those eight years the farm tenant let anyone and everyone hunt. When the farm tenant bellied up, dad got the farm back and it fell on me to run it. After eight years it was basically public hunting with people coming and going as they pleased and the birds were down to one rooster and three quail(seriously).

I started posting "No Hunting" signs and the signs became targets for the front bumpers of their trucks. I was getting pretty frustrated by the entire situation and KDWP suggested that I post "Hunting By Written Permission Only". In Kansas, they told me it would allow the game warden to enter my property and prosecute anyone without a permit slip. Now Kansas has a law that purple paint on post and trees carrying the same, "Hunting By Written Permission Only."

Today I use signs and purple paint to post my property. I also have some "No Trespassing" signs up. As I understand Kansas law, if there are no "No Trespassing" signs up the first time some one comes on my land they are warned and if they come on again it is criminal trespassing, but if it is signed, then the first time is criminal trespassing.

Thankfully, I have not had to take anyone to court and hope I don't. I think that having the land posted and maintaining gates and appearances make people think that I mean business and don't come on me. I would rather avoid conflicts if possible, but would prosecute if necessary.
 
I have private land to deer hunt on in SE Kansas. This past season I was walking across a bean field back to my truck and I heard 3 shots that were really close I hit the ground and was thought someone was shooting at me because they thought I was a deer. Anyways I get back to the truck and there was another truck right by mine. I wait there until they return and 2 guys come so I get to takling to them and they use the excuse of oh I thought this was so and so land and I am furious because those 3 shots killed a buck on my land that I lease. Anyways I get a discription of there vehical and call the game warden. He shows up but the trespasers had left. I ended up prosecuting these guys and I am still in the middle of it with the land owner. Heres my trick I let the game warden bow hunt on my land for the past couple of years b/c I don't bow hunt. Anyway I have become good friends with the game warden and it has helped because he was just as mad as me b/c people were on his hunting land to and he keeps a close watch on it now and that game warden knows that its just me and him suppose to be on it and that helps me watch over my private land.
My take home message would be to become good friends with the game warden in your area and tell him exactly whos suppose to be on your land. and if he hunts let him hunt on your leased land.
 
Excellent responses gentlement!!! Not exactly what I was expecting. It is important to remember that these are armed violators and making contact with them puts you at some risk. Further, if you should use your weapon to make any points, they very well can come back on you for aggravated battery in these modern court systems. Your best option is to be a good witness, call 911 and have the closest officer dispatched. If you think that you will need more time, let the air out of a couple of tires to keep them in place IF YOU'RE SURE THEY ARE IN VIOLATION. You may have to fund the reinflation of those tires. Get a tag number, description of the vehicle, and direction of travel, number of individuals, and descriptions of them if possible. Make sure the officer responding can make contact with you. As folks get squeezed off of their previous private permission by leasing, this is getting more and more common. We have to police our own, or who else will? These people are making hunters look bad and are closing gates to the rest of us!!!
 
in my opinion if you are the only one with permission you have the same right as the land owner for removing the trespasser and should do so before one time turns into all the time and ruins your hunting spot for years to come
 
Trespassers

landman said:
First, make sure you know the full situation before acting. What if the farmer rents the land from someone and the owner gave these hunters permission to hunt there.

Also keep in mind that the owner or operator will need to press charges against the trespassers before a Warden will give a ticket. A third party will not be able to do this for him without his cooperation.

LM
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Very sage advice.
 
not always true but correct out here most farmers whether renting or own land look for those hunters that take the enitiative to protect their land and surve as a warden for them and usualy if something like that happens they are more than happy to stand behind you.
 
Trespassing is a frustrating issue. In this particular situation, if the landowner wants you to police the property and act for him, you should draw up a simple limited power of attorney or agency agreement for that very purpose. In that regard, you step into his shoes and have authority to make reports on his behalf to law enforcement.

If the laws of other states are like Minnesota, they are spineless and a bit confusing. I recently prosecuted a trespassing charge (and won) where the property owner in advance told the trespasser that they were not welcome on his property. Trespasser came anyway. Under Minnesota, the trespasser was not trespassing until the owner told the party to leave after they came on the property and refused to do so, so the issue became whether the owner told the trespasser to leave. The idiosyncrasy here is that if a person comes on property and is told to leave, if they come back within a year, they are trespassing. But if they are told in advance not to come on the property, it is not trespassing until they are told to leave and refuse.

Rural and Ag property are treated a little differently. Woodland or woodlot property is the most frustrating. If posted properly, a person is considered to be trespassing (that is their warning). However, the property has to be posted every so many feet.

A person can pursue trespassers in civil court, as generally under civil law there is no excuse for trespassing. However, a person needs to show some type of damage ($) to succeed. No damage, no liability against trespassers.
 
FCSpringer said:
I think the law now in MN reads you must have permission on all private land. Not positive.
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Don't get me wrong. I'm not saying MN has open field laws similar to ND, it's just that the statute only makes it a trespass when you tell somebody to leave and they don't. Essentially, the trespasser gets one warning. A get out of jail free card, if you will.
 
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