Legal advice from our DNR and Policeman

willbuck

Senior Member
I have a "freind" who has been approaced by a local land owner who says there are deer stands on his property without his permission. He wants my "freind" to come and get them off his land and for his trouble he can "have' them. What if any are the legal ramifications of this, given that the land is properly posted. Should the local authorities need to be involved.

sf
 

willbuck

Senior Member
That seems to be this land owners contention (they are on my property, so I can do with them as I please). Just wanted to hear if the law was on his side or not.
 
H

HT2

Guest
Perry........

Perry Hayes said:
Well I would say if they are on my property they are mine!
I'm with you..........

They'd be mine!!!!!!!!
 

jay sullivent

Senior Member
they are on his land they are his. if he's giving them to you they are yours. simple as that. you don't need a police officer to answer that one!
 

Jorge

Senior Member
Well, silence is golden, but since you have already broken that code I will say this. The last time one of my fellow members called the "local authorities" about a stand found on our club that we did not know where it came from, the "local authorities" ended up with the stand. When my fellow member went to collect it after the appropriate time passed (? some standard the sheriff quoted), they had no recollection of what happened to the stand.
 

Larry Rooks

Senior Member
Being retired LAw Enforcement, I'll give my 2 cents worth. If the landowner
gave them to you, I'd take em and remove at his descresion, nothing illegal about it. BUT, I would feel more comfortable if he were with me when I took them down and removed them. That is just in case the owner of the stands happens to show up at the same time. The landowner can then handle the situation with him and prosecute for tresspassing. No need in you getting involved with the tresspasser and having problems out in the woods
 

Chuck Martin

Senior Member
S. Freeman

I would advise your "friend" to advise the landowner to remove said stands as he is the only one with a legal basis to remove the stands given he is the property owner and as such the one who would be in a position to file a trespass complaint. IMPO and what I would tell the landowner, if this occured in my jursdiction, what he chooses to do with the stands after he removes them is his business. If the landowner wants to give them to your "friend" that's his business.

The cavaot to this is will the jursdiction in which the property is in view this the same way if they become involved? I would venture to guess that they would, but as someone pointed out earlier........silence is golden. ;)
 

willbuck

Senior Member
Good point also Chuck.

I found out y-day evening that the stands are more than likely his neighbors kin folk, so it might be best if the extraction was done by the land owner or as Mr. Rooks pointed out "the land owner present while the stands were taken out" in case the persons show up.
 

CheapSeats

Senior Member
I would get the authorities involved. Some people are crazy! Was it Minnesota that those hunters were killed this past year trying to get a poacher off their land?
 

woody116

Senior Member
I would get the authorities involved. Some people are crazy! Was it Minnesota that those hunters were killed this past year trying to get a poacher off their land?

Wisconsin
 

gabowman

Senior Member
Larry's advice sounds pretty sound to me. For me, I live in a small town and I know a few officers that I could ask....even the sheriff. If I didnt know any officers/DNR personell then I'd follow the advice of Larry. Just my few pennies...

GB
 

COYOTE X

Senior Member
If the land owner was my "friend", I would advise him to call the DNR ranger in Madison county and give the whole story to him. The ranger may tell you do as you wish with them. (but, at least the law enforcement agency that will respond to future complaints for you, if something else happens, or the owners of the tree stands if they try to make up some "story", will have prior knowledge of the case. first , to protect you. second, to prosecute them.) The other posibility is that when you call DNR, the ranger makes a case against the owners of the tree stands. (intewview you, make a report, photos of the stands in "your "trees. Collect stands as evidence, investigate possible suspects, starting with your neighbor family. The perp might confess or say its not his stand and he had no idea what you are talking about. You just never know. If you are told to "do as you like". Then be sure to call the sheriffs department and have an incident report made over the phone. Get the case # assigned and be sure to have the deputy check gcic/ncic if their are serial #'s on the stands. (what if the stands are listed as stolen property? Your friend gives them to you. You then posess stolen property.) The simple approach of "their in my trees, their mine" just leaves the land owner, and you, in a position thats easily misconstrued. My free advice, its worth what you paid for it. Good luck. COYOTE X
 
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willbuck

Senior Member
Have not thought about the stolen stand possibility. Guess my freind better consult the local GW and see what he has to say about the matter.

Thanks for all of the input.

sf
 

Timberman

Senior Member
The rule I follow on my personal property that is well posted and patrolled with property lines very clearly marked is take the stand and leave a note with my name and number telling whoever owns the stand they can contact me and retrieve their stand. Of course I charge a hefty storage fee and as well a trespassing citation is included. For the life of me I can't understand why nobody has ever claimed a stand I found on my property...I mean I'm a friendly guy and all.
 

dominantpredator

Senior Member
Possession is 9/10ths of the law. I would get them and not hesistate to do so. After all, the people who owns them shouldn't be deer hunting this time of year anyway. :flag:
 

OKFLGA

Member
Honesty?

You expect the neighbor to be honest?

You take his stand, he has his initials and serial number on it, he show up at your house with a cop claming the stand was on his property and you trespassed to steel it.

OK, he's a lier, but you have stollen property. You lose.

Set up a trail camera, catch him tresspassing, then take the camera, and file charges, and watch your property get burned....

Best to leave a note telling him to take his stuff and don't come back.

JMHO
 

flatheadpatrol

Senior Member
Take 'em, the folks that do that kind of stuff probably blatantly litter and steal stuff from the local "minute market"...let 'em get their due!
 

gabowman

Senior Member
OKFLGA said:
Set up a trail camera, catch him tresspassing, then take the camera, and file charges, and watch your property get burned....JMHO


I bet there are alot of people that would too! Good point.

GB
 
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