# Tresspass: Here's the problem



## wadevb1 (Mar 25, 2008)

Our Ontario farm was swarmed by the locals as soon as we pulled stakes. That was a kick in the shorts after putting in ten plus acres of crops, planting hundreds of shrubs and making sanctuaries. I heard the MNR CO in district was a nazi in regards to enforcement. I drove to their offices and gave him full hunting rights. Our farm is prime and he accepted. The following year he dropped a number of cites on several groups of well known trespassers. The word is out, no more problems. He hunts bear and takes a nice 8 every season. 

Find someone to hunt it whom you trust. The previous poster who entrusted his lease to a habitual trespasser wouldn't pass my standards.
_Posted via Mobile Device_


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## Moose57 (Sep 7, 2009)

William H Bonney said:


> Draft it up Riva! Draft it up Mitch! Just show me where to sign!


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## michgundog (Feb 22, 2008)

MERGANZER said:


> I have no problem with your suggestions however I do think there needs to be a loophole which allows people to enter property to retrive their game (without a weopon). Its a shame when I hear of someone denying access to another individual that just wants to get their deer.
> 
> Ganzer


I agree!!!


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## anon21511 (Jan 13, 2006)

Please Riva, find a legistor that will make this into a bill. Just the way you wrote it would be fine with me!


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## wally-eye (Oct 27, 2004)

Sign me up Riva.....

But everyone please read the *law.

It states very clearly that NO ONE may possess or tag a deer that they did not shoot.........(unless a permit is issued by a CO)

Period end of story......
*


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## snaggs (Jul 20, 2005)

Ok! I found a deer dead on my property after I heard a shot. A hunter enters my property to claim the deer. What proof does he have that he shot the deer? I can claim that I shot the deer on my property! It's on my land and possession is the law. Keep off my land......Period.....


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## skipper34 (Oct 13, 2005)

snaggs said:


> Ok! I found a deer dead on my property after I heard a shot. A hunter enters my property to claim the deer. What proof does he have that he shot the deer? I can claim that I shot the deer on my property! It's on my land and possession is the law. Keep off my land......Period.....


Okay, so if you claim the deer, even if you tag it, you are a violator. End of story. If you don't want the hunter who shot the deer on your property, you can refuse him by law. But you cannot, by law, claim the deer because you did not shoot it.


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## wally-eye (Oct 27, 2004)

snaggs said:


> Ok! I found a deer dead on my property after I heard a shot. A hunter enters my property to claim the deer. What proof does he have that he shot the deer? I can claim that I shot the deer on my property! It's on my land and possession is the law. Keep off my land......Period.....




Yes you can *claim *that you shot it so in that case *neither party *would be entitled to it per the law.

You don't allow anyone to pursue a mortally wounded deer onto your property............. Thus that hunter may not legally enter to retrieve.

You find that deer on your property thus per the law you also aren't allowed to possess it.......

Case closed = neither party entitled to the deer......yotes eat good..


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## snaggs (Jul 20, 2005)

I will tag the deer immediately and put an end to any argument. Ever had that happen??? You shoot a deer and it runs away...you follow the trail only to find someone else putting a tag on what is supposidly (YOUR DEER). Don't-Cha just love the possibilities. It's what keep the lawyers in busuness. HELLO!!!


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## snaggs (Jul 20, 2005)

foxriver6 said:


> Boehr was correct when he called you out on the content you posted. I have to ask, where did you come up with this stuff?
> 
> 1) A land owner may not lay claim to a deer if it is on his land unless he killed it himself and tagged it with his license.
> 2) Killing or laying claim to a dead animal that was a nuisance by the land owner is not legal. Perhaps you need to read up on the Dog Act of 1919.


Yep I read up on this many years ago...Dog act of 1919 Act: 339 of 1919...Section 287.279 Killing of dog!!!!!


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## Sib (Jan 8, 2003)

I like the idea of revisiting trespass laws to give them more bite. My suggestion at 1st offense is an ankle monitor that is paid for by the offender's fine and court costs. Additionally the landowner victim receives a tracking device, again rent paid for by the offender. 6 month electronic tethered probation. The landowners device would be capable of checking remotely for serial trespassing by tethered offenders. Tampering with the tether would be a felony.

Second offense 93 days in jail $300 fine $1500 restitution to landowner. 1 year tether and all electronic tacking equipment funded by offender.

Third offense 5 year felony $1000 fine $10,000 restitution to landowner. 5 year electronic probation monitoring costs again paid for by offender after their prison time is served.

All mandatory and equipment forfeiture starts at 1st offense. I would also require offenders to pay for 4x5 inch ads in the local paper announcing their guilt to the community.

Pick some, all, or ignore. :lol: But I like the idea of electronic monitoring and paying for community ads announcing their transgressions.


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## bchez (Jan 19, 2010)

Snaggs, according to the DNR handbook under ythe section Tagging Big Game and Fur Bearers typed in BOLD letters is say you cannot tag and animal you did not leaglly kill. How much more proof do you need. Time to read instead of being greedy.


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## Justin (Feb 21, 2005)

Riva, I could live with your plan but would add...any private land bordering public needs to be fenced on that border by the landowner. I would also like to see the same penalties you have listed applied to landowners that post ANY public land. It happens a lot.


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## snaggs (Jul 20, 2005)

I prefer monitoring the DEER ....that way I know He's a-comin and I can still have time for another swallow of BUDWEISER. :lol::yikes:


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## brdhntr (Oct 1, 2003)

boehr said:


> That will not happen.
> 
> The fault is with the judges.
> Examples, killing a deer illegally your suppose to pay $1000 restitution along with fines etc. Many judges will not follow that law. How many people serve a minimum or 3 days for driving while suspended, also required by law but judges don't follow.
> ...


Just had to repost this, as it seems that a lot of folks are ignoring it. The problem IS NOT THE LAW, but how the law is being enforced. 99% of the tresspassers out there will quit if slapped with a $500 fine for doing so. Adding more teeth to the law will not help if the judges ignore it. If you have a case where a judge and/or prosecutor did not follow the law in a tresspassing case you filed, then you need to post up their name and make it clear to all sportsmen that they need to vote them out in place of judges that will apply the law.


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## snaggs (Jul 20, 2005)

bchez said:


> Snaggs, according to the DNR handbook under ythe section Tagging Big Game and Fur Bearers typed in BOLD letters is say you cannot tag and animal you did not leaglly kill. How much more proof do you need. Time to read instead of being greedy.


I don't hunt deer anymore...far too many "CRAZIES" out there. Quit many years ago. You younguns can duke it out in the fields. Have at it. Like the law boys and ex-law boys said very few (perhaps) no law officers will execute a citation which is controversial.. Judges will throw many many case out and law officers will spend much of their time in court away from "THEIR" time off. Give out many citations and the law bosses will expect many many citations every day.. Who's got the time? or Who will give up the time??:sad:


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## welcometomyworld (Mar 6, 2006)

Great idea's Riva. I found a neighbor that has a small parcel of land with a nice A-frame house, big pond with fish and a huge deck back on my property a few year's ago. He said he alway's walks around back there and since we were neighbors he didn't think it was any big deal even though he never asked if it was ok with me. I told him I had no problem with it, as long as he didn't mind if me and a few of my buddie's could hang out on his deck, drink a few beer's and fish his pond. For some odd reason he didn't like that idea and said he'd stay off my land.


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## Quakstakr (Nov 3, 2009)

Mitchell Ulrich said:


> As long as you're re-writing the game laws...
> 
> Seems like there should be a "safety zone or buffer" between State and Private land. Something like: no blind shall be built or stand erected within 30 yards of a State to Private fence line.
> 
> There have been lots of problems in the past where a stand or ground blind pops up right on the fence line with the only shot being on to private land.


*Agreed*

This is where allowing people to retrieve game on neighboring properties creates a grey area. Some guys would be setting up on the edge, only to wound game, that they would expect to then be able to come over and get. Or just walk all over the place looking for it.

You wish that you could track onto the neighbors, but you're always going to run into the guys that take advantage of that "loophole."

Sorry to here about your luck Riva. I seriously hate thieves. I had the ladder stolen off one of my stands ( the top was cable locked ) on my own property. I'm pretty sure I know who did it, but I'm not going to escalate it.


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## Quakstakr (Nov 3, 2009)

wally-eye said:


> Sign me up Riva.....
> 
> But everyone please read the *law.
> 
> ...


Not trying to start any trouble, honest question.

What if you walked up to the deer and put a slug/bullet in it, (dead or alive). 

Would it then be legally yours?


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## snaggs (Jul 20, 2005)

Found a dead deer on my front lawn. Called the DNR and was told no one to respond to my call. Cannot leave the deer there cause cannot enjoy my rights (per the constitution) the deer would begin to smell. Must remove the deer. Oh! what's this?? a friendly visitor..you're hungry,you have not had a good meal in months. Nope cannot let you have the deer,cannot get a response from DNR (too busy) to get an OK cause the deer is Michigan property and it is illegal for me to touch it because I did not shoot it and I do not have a hunting license I could be hanged by the [email protected]&&s if I do. My constitutional rights dictate I have the right to life,liberty and the pursuit of happiness. How can I be happy to see a hungry person go hungry with a fresh deer lying at my feet? Nope just let it rot and smell. No license no kill tag did not shoot it. Oh Well :sad:


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