# Trespass Question??



## casscityalum

petronius said:


> Here it is for you.
> 
> http://www.legislature.mi.gov/(S(lv....aspx?page=getObject&objectName=mcl-324-73102
> 
> Section 324.73102
> 
> *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 ;-- Am. 1998, Act 546, Eff. Mar. 23, 1999
> *Popular Name:* Act 451
> *Popular Name:* NREPA
> *Popular Name:* Recreational Trespass Act



Thanks you sir


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## davulek

I'm thinking spike strips


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## Ken Martin

It is illegal to booby trap your property. I checked.


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## dead short

Definitely can get someone in a lot of trouble.


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## Petronius

Ken Martin said:


> It is illegal to booby trap your property. I checked.


It depends on what you call a booby trap.


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## Liver and Onions

petronius said:


> It depends on what you call a boob trap.


http://media.photobucket.com/user/a...=images&filters[secondary]=videos&sort=1&o=15

L & O


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## sparky18181

I


Liver and Onions said:


> http://media.photobucket.com/user/anicamethner/media/082211182321.jpg.html?filters[term]=boobs in bra&filters[primary]=images&filters[secondary]=videos&sort=1&o=15
> 
> L & O


I ve been trapped a time or two.


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## perchyanker

plugger said:


> I got discouraged last winter ice fishing there were some bad actors and the dnr officers got texted. Every time it seemed an officer would check a quad and the flip overs would go up and poof their legal. If an co is back at the ramp and checks one quad you can hear cell phones beeping all over the lake. I take ten bluegills at the most and my quad and helmet are all legal but I got my fishing license checked once last year and my fish never, quad got checked about ten times. The laws that they are enforcing serve no purpose, people usually dot drive over a fast walk so safety is greater riding than walking on the ice. You can write more tickets for atv's rules but in my mind that is worthless enforcement.


 I was reading the reports a few days ago over last winter and they do spend a lot of time writing snowmobile tickets and spend a lot of time enforcing it. I'm not a snowmobile person but, think their presence is necessary. I see what you mean about the worthless enforcement. I can't believe if your drivers license is suspended you can't drive a ATV or snowmobile on public land but you can rip a boat anywhere on the water. ( at least you use to) If you had your snowmobile or ATV stolen you would be glad they check so many registrations, i would anyway. Could be why those machines have such a high return rate. Don't quote me, but think its over 80% when they are stolen. 



ibthetrout said:


> That may be your own experience, but try reading the DNR reports at that time of the year. There is a lot more going on than that. Not doubting anything you said, just saying what you've seen is not the only things they are dealing with. DNR is spread very thin. I'm 50 and have never been checked by DNR. When we had a DNR officer speak at hunters safety when my son went through it he said this may be the only time you ever see a DNR officer. I found that to be a profoundly sad statement.


 I'm 41 and I haven't been checked in a little over a year. I know this because it just came up as a FB memory. I been checked by the DNR SO MANY TIMES!!! over 13 and once was on free fishing weekend.


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## Petronius

Liver and Onions said:


> http://media.photobucket.com/user/anicamethner/media/082211182321.jpg.html?filters[term]=boobs in bra&filters[primary]=images&filters[secondary]=videos&sort=1&o=15
> 
> L & O


Sorry, I fixed it. :lol:


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## davulek

Who said I put those there? Lol!



Ken Martin said:


> It is illegal to booby trap your property. I checked.


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## Petronius

Ken Martin said:


> It is illegal to booby trap your property. I checked.


How would a spike strip be considered a booby trap?


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## Ken Martin

petronius said:


> How would a spike strip be considered a booby trap?


Unless it is commercial property, it is not legal to place anything that can cause harm and/or damage. 

I leased a old gravel pit and had people jumping the 8 foot gate. I asked Carl Marlinga who the Macomb County Prosecutor at the time about extending the barbed wire and adding a nail board on the inside of the fence (so you had no where to land if jumping over) and he said I would be responsible for any injury or damage. Discarded building material with nails exposed is different though.

Ken


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## Petronius

Ken Martin said:


> Unless it is commercial property, it is not legal to place anything that can cause harm and/or damage.
> 
> I leased a old gravel pit and had people jumping the 8 foot gate. I asked Carl Marlinga who the Macomb County Prosecutor at the time about extending the barbed wire and adding a nail board on the inside of the fence (so you had no where to land if jumping over) and he said I would be responsible for any injury or damage. Discarded building material with nails exposed is different though.
> 
> Ken


Spike strips designed and used for vehicle traffic would not be causing personal injury.

If you dug trenches across a private trail, would you still be held liable for damage done to a vehicle that is trespassing?


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## James Dymond

petronius said:


> Spike strips designed and used for vehicle traffic would not be causing personal injury.
> 
> If you dug trenches across a private trail, would you still be held liable for damage done to a vehicle that is trespassing?


Goggle- Fear in the forest Jan 27 2013

Very interesting story.

Jim


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## miruss

petronius said:


> Spike strips designed and used for vehicle traffic would not be causing personal injury.
> 
> If you dug trenches across a private trail, would you still be held liable for damage done to a vehicle that is trespassing?


If you put something out that would not be normal and someone gets hurt better have a real deep pockets and a lawyer that is real real good !! How many people in general would have SPIKE STRIPS out on their property???

http://harrisondaily.com/news/attor...cle_0841a8b4-c832-11e4-9eec-bbf5c83e3f81.html


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## Petronius

miruss said:


> If you put something out that would not be normal and someone gets hurt better have a real deep pockets and a lawyer that is real real good !! How many people in general would have SPIKE STRIPS out on their property???
> 
> http://harrisondaily.com/news/attor...cle_0841a8b4-c832-11e4-9eec-bbf5c83e3f81.html


That article deals with Arkansas. A different state with different laws and attitudes.


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## miruss

petronius said:


> That article deals with Arkansas. A different state with different laws and attitudes.


If you think it would be any different in Michigan courts you have deeper pockets then i do!!


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## James Dymond

miruss said:


> If you put something out that would not be normal and someone gets hurt better have a real deep pockets and a lawyer that is real real good !! How many people in general would have SPIKE STRIPS out on their property???
> 
> http://harrisondaily.com/news/attor...cle_0841a8b4-c832-11e4-9eec-bbf5c83e3f81.html


Spike strips were used in the FEAR IN THE FOREST story. 

Jim


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## pescadero

multibeard said:


> I wish we could get some thing done about the 12 year old or so kids running all over our subdivision driving a golf cart full of kids. None of them are old enough to even have an ATV permit. Every one runs all over with no helmets. Sorry for another rant but it is getting sickening.
> 
> I am sorry to all of the LEO's on the site but law enforcement in so many places is really sad.


In Clare county they'd have to be 16... but no helmets or seat belts required.

https://www.google.com/url?sa=t&sou...KVkidW4-XD9LnHQSQ&sig2=ADOKswML54gpZuzqOf7rAA


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## pescadero

dead short said:


> . A LEO cannot be the complainant for a Recreational Trespass complaint.


They should be able to. Like domestic violence, if a crime was committed we shouldn't be dependent on victims pressing charges.

The law should be changed.


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