# Trespassing



## Deltabullcan (Jan 24, 2011)

I am a predator hunter, but don't use dogs....I have a question for dog owners running dogs on yotes. Is it against the law to run a dog on someones property without permission?...here's the story, Last Sunday, Superbowl Sunday, I came home to the sound of a hound running on my property, actually is was less than 100 yds from my house at one point. I own over 100 acres along the Rifle River. I knew it was running a yote because they moved in the area a week before and I saw a new silver grey Toyota along the road by my driveway..had to be a non local, because they only buy American up my way..Anyway's I was ticked, because my labs were out and I felt it was treaspassing. I jumped in my truck and headed to the area I saw the toyota truck, sure enough a guy was in the truck with a GPS system..I asked him why his dog was on my property..he stated that he was sorry.. I stated to him he did not have permission and I didn't ever want to see that hound on my property again...He changed his attitude, now he says, I didn't start on your property and I am pretty sure it isn't against the law, in fact I know it isn't ( I guess maybe he felt threatened or something)...I stated, I don't ever want to see that dog on my property again, and left it at that..I should gotten his plate number and called the local CO...I would think a GOOD hunter with dogs would ask for permission, BEFORE they hit an area...Whats your opinion?  Deltabullcan


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## motorcityhtps (Mar 1, 2010)

You did the right thing by letting him know face-to-face that he was trespassing on your property, which he was. Now, if him or his dog happens to "wander" on your property again, he went from "recreational trespassing," which is unknowingly crossing onto private property, to "trespassing." If you see him again I would call your CO or the cops.


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## LarryA (Jun 16, 2004)

Is it against the law to run a dog on someones property without permission?...

It depends. Did the hound hunter turn his dogs onto your property? Or did he start somewhere he had permission? One of the things many don't understand is it is not unusual for hounds to run a coyote several miles.

If the hunter did in fact cut his dogs onto your property, yes he is trespassing. Otherwise, by the definition of the law he is not trespassing. If you see him again you will need proof that you talked to him. A time dated digital picture will work. The only thing that insures though is that the hunter now has no right to retrieve his dogs off your land. The burden of proof is on the land owner. The hunter may still call a CO and request his help to get his dogs if that happens.

It doesn't matter if you are talking to a hound hunter or any other sportsmen for that matter calm and respectful manners will usually result in the same manners offered back. If you start screaming or threaten anyone, that only ever insures that you will put the other person on the defensive. Then no one wins.


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## lang49 (Aug 1, 2005)

LarryA said:


> It depends. Did the hound hunter turn his dogs onto your property? Or did he start somewhere he had permission? One of the things many don't understand is it is not unusual for hounds to run a coyote several miles.


This isn't a legal argument but what about ethics Larry?? If someone doesn't want dogs on their property (regardless of where they were released), they shouldn't be there. "One of the things many don't understand..."


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## boehr (Jan 31, 2000)

Deltabullcan, I can't believe the mis-guided & mis-information that gets posted here anymore.

First yes, it is a violation for a hunter to run their dogs on private property that is posted, fenced or farmland or adjacent woodlots to farmland.

A hunter can, with an unloaded weapon retrieve their dog off private property unless the property owner tells them they can't. As far as proof, the only proof that is needed is for you to say you previously told them and be willing to say that in court if needed.

The burden of proof is needed by the dog owner to keep control of their dogs. If they can't then they should find more acreage of public land to run their dogs. A CO will NOT likely assist a dog owner to retrieve their dogs, they have better things to do. The dog owner can stand at the property line a call for their dogs to come.

There are good dog hunters out there and there are those that don't care about private property and unfortuantely too many of the later. I have found in my career that most of those that allow their dogs to go on private property repeatedly are also in violation of other laws too.


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## LarryA (Jun 16, 2004)

With all due respect to other posters, the gentleman asked a question and I simply responded. If you don't believe my post look at item #4 and then at the bold print. Lang you will get no argument from me that is why I included the proper way to proceed.

*NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)*
*Act 451 of 1994*
*324.73102 Entering or remaining on property of another; consent; exceptions.*
Sec. 73102. (1) Except as provided in subsection (4), a person shall not enter or remain upon the property
of another person, other than farm property or a wooded area connected to farm property, to engage in any
recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent,
if either of the following circumstances exists:
(a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.
(b) The property is posted in a conspicuous manner against entry. The minimum letter height on the
posting signs shall be 1 inch. Each posting sign shall be not less than 50 square inches, and the signs shall be
spaced to enable a person to observe not less than 1 sign at any point of entry upon the property.
(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.
(3) On fenced or posted property or farm property, a fisherman wading or floating a navigable public
stream may, without written or oral consent, enter upon property within the clearly defined banks of the
stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as
possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a
dam, deep hole, or a fence or other exercise of ownership by the riparian owner.
(4) A person other than a person possessing a firearm may, unless previously prohibited in writing or orally
by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the
sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable
time necessary to retrieve the dog. In an action under section 73109 or 73110, *the burden of showing that the*
*property owner or his or her lessee or agent previously prohibited entry under this subsection is on the*
*plaintiff or prosecuting attorney, respectively*.
(5) Consent to enter or remain upon the property of another person pursuant to this section may be given
orally or in writing. The consent may establish conditions for entering or remaining upon that property.
Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner or
his or her lessee or agent requires all persons entering or remaining upon the property to have written consent,
the presence of the person on the property without written consent is prima facie evidence of unlawful entry.
*History: *Add. 1995, Act 58, Imd. Eff. May 24, 1995;¾Am. 1998, Act 546, Eff. Mar. 23, 1999.
*Popular name: *Act 451
*Popular name: *NREPA
*Popular name: *Recreational Trespass Act
Rendered


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## boehr (Jan 31, 2000)

Larry, you must have missed the part of my post "As far as proof, the only proof that is needed is for you to say you previously told them and be willing to say that in court if needed". A digital photo is not needed. Believe me, been involved in a few trespass cases.  

Still up to a dog hunter to have control over their dogs and hunt in an area where private property issues don't happen. That is what cause the bear situation years ago and trespassing dog hunters will again destroy it for other legal dog hunters.


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## LarryA (Jun 16, 2004)

I simply know too many who out of anger would have no problem lying in court. Geeze, I have seen plenty wiiling to lie in court while serving on jury duty.

My way just removes all doubt, and who doesn't have access to a digital camera now days.


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## garygorham (Jan 7, 2011)

Like I said before these guys will ruin there own sport. I for one might enact a bill to the legislature to ban coyote hunting in zone 3 as there is not enough room to run dogs on coyotes. I do not want to do this but they leave me no choice, because of the abuse of the not so clear law. I just wish these guys would get permission reguardless of how small or large of property they run. GET PERMISSION OR DO NOT RUN. PERIOD. Like I always say there are a few hunters that hunt coyotes with dogs that are honorable people, but seems to be more on the violating side.


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## WALLEYE HOG (Feb 1, 2010)

Zone 3 is huge and impossible because just want predator hunt your land how fair is for us feed our dogs and train them to hunt and 1 person that owns 5 or 10 acres is the only one for miles around they want it for everyone this just give fuel for the antis and we will pay for it in the long run why we all get along because I know for fact that houndsman ran coyote throught our property and that night we called 2 coyotes and shot both.


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## garygorham (Jan 7, 2011)

Thats all I ask is to ask those guys with 5 or 10 acres before going on , at least you tried to do the right thing and if they say no don't go on there under any circumstance. I think if you went ahead of time and ask if it would be alright to just let you run your dogs through and you would not shoot on their property should the occasion arise I would bet that the people would say yes and thank you for asking. I know I would. All people want is to ask. The more coyotes we get is probably for the good, but please ask.


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