# Posting Question??



## BarryPatch (Jul 21, 2004)

I have a trespasser poacher problem. I understand the signage requirements and that posting is required for all property except for "farm land" and "adjoining woodlots". I have 53 acres. Six acres is commercially farmed for blueberries. The rest is fields and woods. Am I required to post the entire property or is my property farmland with an adjoining woodlot?

Thanks


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## 2tundras (Jan 11, 2005)

Depends on Ill law...we here we would be anwsering based on MI law. Check your DNR website for recreational trespass info.


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## Chocha (Aug 3, 2006)

I would also get in contact with your local CO and bring the matter to their attention. They be able to offer some advice or assistance...


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## BarryPatch (Jul 21, 2004)

2tundras said:


> Depends on Ill law...we here we would be anwsering based on MI law. Check your DNR website for recreational trespass info.


The property is near South Haven, Michigan.


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## 2tundras (Jan 11, 2005)

I'd post it. That small a farmed plot with that large a wooded track would be hard for someone to distinquish as private due solely to your farming practice.

Thats a lottttttt of posting.


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## Chocha (Aug 3, 2006)

2tundras said:


> I'd post it. That small a farmed plot with that large a wooded track would be hard for someone to distinquish as private due solely to your farming practice.
> 
> Thats a lottttttt of posting.


Not to mention if the people go back and see signs next time, they might think they are being watched and may not trespass...


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## BarryPatch (Jul 21, 2004)

Chocha said:


> Not to mention if the people go back and see signs next time, they might think they are being watched and may not trespass...


The trespasser is a neighbor on my back line. He's a dirt bag. That line is partially (his part) fenced and posted. It didn't work. He put two bait piles on my property last year, built a "blind" incorporating my fence, the blind was actually on mine and a third neighbor's property, he cut down several small beech that were blocking his view and shot onto my property twice last year judging by the buck shot marks in the trees. To top it off, he drinks and litters while he waits for the deer. So, no, it didn't work. Neither did returning his bait piles to his blind. 

This year he's building a tower blind on the other neighbor's property, three feet from the line, looking onto mine. He even cut down a large Sasafrass tree to get a better view of my trails. He'll be getting a visit from and LEO and I want to be legally posted. I'll be out hanging signs on the other three sides after I let my other neighbors know they're not aimed at them (two have permission). It would be nice not to have to post the whole thing.










Nice blind.


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## Chocha (Aug 3, 2006)

Thats nasty.. I cant stand people who litter or turn the woods into their own personal garbage dump.. We always find stuff along the trails along my familys place up north.. Disgusts me...


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## tallbear (May 18, 2005)

Dump a bottle of Skunk scent on the blind. He won't be back.


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## john warren (Jan 25, 2005)

and dump that crap on his front lawn,,,,though from the looks of this the slob wouldn't even notice.


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## 2tundras (Jan 11, 2005)

My .02. Since he seems to be a total ass, I would forgo the nice knock on the door with apple pie in hand. Hit him hard by...

1) Hire a lawyer, who, for a couple hundred, will send him a nasty letter stating that the second he intentionally fires lead over your property he becomes a tresspasser, and you will seek prosecution. Further, the second that lead hits your tree he just became liable for treble damages civilly, might be able to squeeze a crime in there as well. There is a neat little MI law dealing with the civil end. Should apply, your atty will tell you. 

2) I'd call the Sheriff and CO and do your best to get both entities to visit him. If a CO yells at him, he may be the type to say big deal, but if the next day a deputy yells at him, he might get the drift.

In order to get law enforcement moving on thigns, sometimes it helps to move em along. Pay a visit to your county's prosecutor's office. Ask to speak to any of the attys there, but aim for the Big Guy, not an assistant. Tell them you know they are busy and that yours is a small issue compared to other events, but, tell them you are on your way to speak to the guys with the guns and could he/she please please please call ahead and say you are coming and that any help on the quick step would be appreciated. Then thank him by telling him your family is going to strongly support him (or his boss) in the next county election. 

3) Any time you find his litter on your lot, photo it, see #2. Any time you find anythng else on your lot, blinds, whatever, photo it, tear it down and keep it, see #2.

Or you can just keep stealing his mail...


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## M1Garand (Apr 12, 2006)

You would not need to post it but I'd post it just the same, it removes all doubt with minimal cost. Here's MI laws pertaining to Recreational Trespassing and Tresspassing:

http://www.legislature.mi.gov/(orrv1y55qgp1412axsmd4umh)/mileg.aspx?page=getObject&objectName=mcl-324-73102

http://www.legislature.mi.gov/(orrv1y55qgp1412axsmd4umh)/mileg.aspx?page=getObject&objectName=mcl-750-552


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## M1Garand (Apr 12, 2006)

john warren said:


> and dump that crap on his front lawn,,,,though from the looks of this the slob wouldn't even notice.


I'd leave it and contact an officer and go for a littering ticket under state law (MCL 324.8901). Depending on volume it can be:

less than 1 cubic foot - $800
1-3 cubic feet - up to $1500
over 3 cubic feet - 1st offense, $2500; 2nd - $5000

That should get his attention.


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## BarryPatch (Jul 21, 2004)

"(2) Except as provided in subsection (4), a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted."

This is the clause I'm referring to. My land is zoned residential as less than 50% is used for agricultural purposes. The Federal Government says it's a "farm". Since this is a Michigan state law, I'm trying to determine what the State would consider my property in reference to the above quoted law.


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## CreekNCabin (Jan 3, 2005)

I would have a CO go and visit him opening morning or early afternoon. You can't be drinking with a gun!:SHOCKED:


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## BarryPatch (Jul 21, 2004)

CreekNCabin said:


> I would have a CO go and visit him opening morning or early afternoon. You can't be drinking with a gun!:SHOCKED:


He will be visited. That's just one violation. There will be several others. The guy baits BIG. He was warned last year. This year I'm leaving him enough rope to hang himself. I'm going to call in October and set up a meeting with the CO if possible. I'm just trying to make sure the trespass case is tight.


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## M1Garand (Apr 12, 2006)

BarryPatch said:


> This is the clause I'm referring to. My land is zoned residential as less than 50% is used for agricultural purposes. The Federal Government says it's a "farm". Since this is a Michigan state law, I'm trying to determine what the State would consider my property in reference to the above quoted law.


Being it's in the SLP and seems to fall under what's described in the state law, I'd say you're farmland and meet those requirements. You could be safe and post it. What I would also do is contact the county prosecutor's office get their input. Many times a LEO will take the report and let them review it for charges. That way you know exactly what they look for in their trespassing complaints and what they require to charge. Then it's a slam dunk case.


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## Frantz (Dec 9, 2003)

Would I be within my legal rights and good taste to mail a generic letter out to all the neighbors informing them that there will be ZERO toleration for tresspassers and the they will be procecuted unless they ahve special written permission to be there?


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## William H Bonney (Jan 14, 2003)

I'd just post as normal and wait, with a video camera. Then I'd try to set up a little sting operation with the local CO,, and bust this guy for every violation under the sun. Littering, trespassing, drinking,, probably no license,,probably DUI.


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## boehr (Jan 31, 2000)

In my opinion it would have to be posted, 6 acres sounds more like a garden, not something that one does for income.


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