Right to Retrieve Law

[ryan_beasley]

Never have refused a responsible person access to my property.Have had dogs before and I feel like 027181 about going home with my dogs.I will ask permission if possible but there is that " sometimes" that a dog person just doesn't have time to look up Mr.Property owner.Anybody that doesn't understand the "sometimes" is someone who has never had hunting dogs and doesn't understand what I am talking about.At that time I will enter and leave as quietly and as respectfully as possible with out fan fair or noise.If I am charged with trespassing then so be it,I will pay the fine and say nothing.

Don't anyone misunderstand,I don't advocate trespassing but there are times it is unavoidable.Especially if ones dogs go towards a 4 lane highway.

I would never vote for a law to allow people to enter another persons property to retrieve just freely.

I do understand that point 100% and rest assure, I coonhunt 4-6 nights a week and can relate with all of your views. I would like to see it where the respect is still there for the landowner, but we do not have to worry about legal consequences for retrieving our hounds. Everyone seems to be in agreement that your hound will be retrieved regardless, but we're still breaking a law with what would be the same result. I also would not support a law where anybody could be on my land when they wanted to without contacting anyone. Still would love to hear what it would take to make it right? I'm not preparing a speech or trying to push a law and its good to see everyone's thoughts on it. With all of GA being divided up and the 1/2 acre landowners preventing us from hunting a 2,000 acre tract...its frustrating. However, I understand his 1/2 acre is as valuable to him as my land is to me and respect him equally.

 

[JustUs4All]

im coming home with my dogs period whether the land owner gives me permision or not, granted if im tresspassing i get in and out as quickly and quietly as possible i've found that if you have a leash in your hand and no gun most land owners wont say a word to you i've even had some wave to me

This post expresses the attitude that creates the friction with property owners.

I would gladly give permission for anyone who respected my rights enough to ask politely. I would even go with them to help. Heck, they could even have the coon. But, if someone told me that they were going to get their dog with or without my permission they would be told to leave. If they did not or if they returned they would be arrested for criminal trespass.

The real problem is that a right to retrieve law would open private property up to anyone who wanted to go on it because they were just trying to "retrieve their dog". Thieves, poachers, and whatever sundry undesirables would have free access.

 

[CAL]

This post expresses the attitude that creates the friction with property owners.

I would gladly give permission for anyone who respected my rights enough to ask politely. I would even go with them to help. Heck, they could even have the coon. But, if someone told me that they were going to get their dog with or without my permission they would be told to leave. If they did not or if they returned they would be arrested for criminal trespass.

I don't really think you understand what the Gentleman is saying.Let me give you a situation to think about.

You are going coon hunting but from all the sign that you have studied,seems ole coon is not moving first part of the night but looks like it is way late before they move.So you make plans to hunt and decide to start very late since you haven't had any luck early lately.You don't turn out ole blue and rattler till around 11:30.The dogs jump right off just like you expected but they can't seem to tree because the coon keep on tapping trees and running.This goes on for what seems like more than the hunters have ever experienced.Ole coon runs for a great while crossing a whole land lot.Well the dogs finally give out that tree bark,but it is on the edge of some posted land and it is 2:30 in the morning.You try to no avail to call them out but it ain't working.Do you go and get your dogs or do you go and wake up old Mr.landowner at that time of night?I would get my dogs as quietly as possible and go home.Tomorrow i would find old Mr.Landowner and explain to him what had happened and that I was sorry for trespassing,it is not my normal way of hunting.

This is one of the "sometimes" I was talking about!

 

[JustUs4All]

I would prefer to be awakened. I could even show you a track that would get you near your dog without having to cross any major creeks.

 

[crazyjigr]

The right to grant or refuse is and should forever be the land owners.

 

[ejs1980]

I wouldn't support the law. I hunt feist, curs of my own and run beagles and coonhounds with friends. I feel like as stated above that someone would turn out on 3 acres or even 40 acres expecting to tree or circle a rabbit. The only way it would work is to require a minimum acreage and permit deal like they do with the deer dogs but who wants that. There are people out there now that will turn out on three acres once or twice until they have had a couple confrontations with the neighbors. With a right to retrieve law those people would be turning out there a couple times a week for the length of the season.
I try to contact the owner of every property line I have to cross to retrieve a dog or deer. I've made way more people mad knocking on a door at 1 in the morning than I have just going and getting a dog. Had one tell me to keep my dog away from his chickens, kill the coon but don't ever knock on his door after dark just kill it and get your dog. Really want to make someone mad knock on a door about 11 and find out your at the wrong house. I don't blame them for getting upset, especially late at night. I'm like alot of you who don't mind someone going on my place and grabbing their dog and getting back on their side as fast as they can. Problem with the law is the landowner would have no ability to stop people from being habitual tresspassers. It would give anyone with a leash in their hands a license to tresspass

 

[Prorain]

This is probably far off what we are talking about but I'm 14 y/o safe with a gun on our property 150 acres i'm following a creek thru our property just walking checking things out after about an hour this guy and his brother come out of no where and are giving me the what for cause I was on there property maybe 500 yards or so up this little creek i di dn't know what to do but go back down the creek to where I started well that was not good enough I recon but to get back to the story a couple of my older brothers came a hollering for me and ran up on us and seen how he was acting because i was kinda lost on his property but had it not been for them coming and finding me(retrieving me)i don't know what I would have done so for him to act like that with a human know telling what they would have done with my hounds.So to make a long sory short I NEVER leave my hounds behind I go straight in and out with as little commotion as possible.And have no problem with anyone else doing the same the problem I have is when they ride there atv's and just make trails where they wnt and that burns me up cause I know they would not like it being done to there property.

 

[mlandrum]

I would like to know for the people that disagree strongly, what could we do as dog hunters to make the right to retrieve law work for you personally.

Ryan Beasley

This is the question at hand Not the different senerios of a animal crossing the line If it became law THEN anyone could do it -- End of Question- Answer-- N O !!

 

[027181]

With that attitude, good luck. You are apt to get your feelins` hurt purty bad.

im not worried about my feelings nic my dogs are worth more to me than a tresspassing ticket or hurt feelings i've been cussed out, shot at, and the law called on me enough times that i think ill be okay, if you dont have your own pack of dogs you just wouldnt understand, that being said, im usually not retrieving my dogs at night and most people just think the beagles are so pretty, and think the little ones are just so cute

now im not saying i advocate tresspassing but you do what you have to do to bring your dogs home, one place i hunt surrounds a peice of property on three sides that is owned by some rich out of state land owner who i have told it is unavoidable, but he wont compromise with me at all even after i have offered to help him keep up with the land, watch it, or do some kind of lease, so in some cases its just unavoidable....now im not trying to be smart with you nic or start a big argument on here but i would really appreciate some right to retrieve laws

p.s. i was happy to hear that he got a nice little ticket for hunting over bait thanks to the anynomous tip line though

 

[Nicodemus]

im not worried about my feelings nic my dogs are worth more to me than a tresspassing ticket or hurt feelings i've been cussed out, shot at, and the law called on me enough times that i think ill be okay, if you dont have your own pack of dogs you just wouldnt understand, that being said, im usually not retrieving my dogs at night and most people just think the beagles are so pretty, and think the little ones are just so cute

now im not saying i advocate tresspassing but you do what you have to do to bring your dogs home, one place i hunt surrounds a peice of property on three sides that is owned by some rich out of state land owner who i have told it is unavoidable, but he wont compromise with me at all even after i have offered to help him keep up with the land, watch it, or do some kind of lease, so in some cases its just unavoidable....now im not trying to be smart with you nic or start a big argument on here but i would really appreciate some right to retrieve laws

p.s. i was happy to hear that he got a nice little ticket for hunting over bait thanks to the anynomous tip line though

Sounds like you`ve experienced a lot. I`m glad none of the bullets touched you when you were shot at. Good luck to you.

 

[JustUs4All]

now im not saying i advocate tresspassing but you do what you have to do to bring your dogs home, one place i hunt surrounds a peice of property on three sides that is owned by some rich out of state land owner who i have told it is unavoidable, but he wont compromise with me at all even after i have offered to help him keep up with the land, watch it, or do some kind of lease, so in some cases its just unavoidable....now im not trying to be smart with you nic or start a big argument on here but i would really appreciate some right to retrieve laws.

You say that you do not advocate trespassing, but your statement, does exactly that. Of course the trespass is avoidable in this situation and it is very simple. If you can not keep your dogs off the posted property,and you can not work something out with the land owner, do not hunt the tract that causes the problem.

I know that you value your dogs, and I am a dog person (six presently). Your dogs cost $. Have you considered that the land upon which you wish to trespass cost the owner thousands of times what your dogs cost? Have you considered that should you manage to break your neck in one of the land owner's ditches, your family will probably attempt to sue the pants off of the innocent landowner?

It would seem to a disinterested viewer that you think that since it would an inconvenience for you to find another place to hunt the landowner should give up his property rights. You have every right to enjoy the property for which you have permission, but that right stops short of allowing you to trample on the rights of others. Similarly, you have the right to swing your arms about to your heart's content, but when they contact my nose, you have overstepped your rights and have infringed upon mine.

 

[Unicoidawg]

You say that you do not advocate trespassing, but your statement, does exactly that. Of course the trespass is avoidable in this situation and it is very simple. If you can not keep your dogs off the posted property,and you can not work something out with the land owner, do not hunt the tract that causes the problem.

I know that you value your dogs, and I am a dog person (six presently). Your dogs cost $. Have you considered that the land upon which you wish to trespass cost the owner thousands of times what your dogs cost? Have you considered that should you manage to break your neck in one of the land owner's ditches, your family will probably attempt to sue the pants off of the innocent landowner?

It would seem to a disinterested viewer that you think that since it would an inconvenience for you to find another place to hunt the landowner should give up his property rights. You have every right to enjoy the property for which you have permission, but that right stops short of allowing you to trample on the rights of others. Similarly, you have the right to swing your arms about to your heart's content, but when they contact my nose, you have overstepped your rights and have infringed upon mine.

Exactly............ Pay for the land mortgage, pay the taxes work your tail off taking care of the land and then you have a right to retrieve whatever you want.

 

[notnksnemor]

There is a Bill in Kansas House (HB2089) on this very matter, if you want to track it and see how it fairs in another state:

HOUSE BILL No. 2089

AN ACT concerning hunting; relating to hunting dogs; permitting owners
to retrieve their dogs from posted land.; amending K.S.A. 2010 Supp.
32-1013 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2010 Supp. 32-1013 is hereby amended to read as
follows: 32-1013.
(a) Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this
subsection, without having in the person's possession the written permission of the owner or person in lawful possession thereof.
(b) Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight
inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as
provided in subsection (a).
(c) A person licensed to hunt or furharvest who is following or pursuing a wounded animal or such licensed person's hunting dog on land as provided in this section posted without written permission of the landowner or person in lawful possession thereof shall not be in violation
of this section while in such pursuit, except that the provisions of this subsection shall not authorize a person to remain on such land if instructed to leave by the owner or person in lawful possession of the land. Any person who fails to leave such land when instructed is subject to the provisions of subsection (b) of K.S.A. 21-3728, and mendments thereto.
(d) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto,
relating to big game and wild turkey.
Sec. 2. K.S.A. 2010 Supp. 32-1013 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

 

[yoteman]

i feel like a right to retrieve law will be abused by people. if everyone was like me it would be great. if i have to go on someone elses property and no houses are around i empty my 22 if i have one and i drive close to the dog as i can on the property i have permission to hunt on and walk in with just my leash and gps get her shine for just a second or to and get out quickly. if there is a house in sight i do just as above but i call the sherriffs office and let them know who i am and where i'm at and what i'm doing, then i get my dog and call the sherriffs office back and let them know when i lleave so if they have a call they will know its not me.

 

[hawg dawg]

There is a Bill in Kansas House (HB2089) on this very matter, if you want to track it and see how it fairs in another state:

HOUSE BILL No. 2089

AN ACT concerning hunting; relating to hunting dogs; permitting owners
to retrieve their dogs from posted land.; amending K.S.A. 2010 Supp.
32-1013 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2010 Supp. 32-1013 is hereby amended to read as
follows: 32-1013.
(a) Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this
subsection, without having in the person's possession the written permission of the owner or person in lawful possession thereof.
(b) Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight
inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as
provided in subsection (a).
(c) A person licensed to hunt or furharvest who is following or pursuing a wounded animal or such licensed person's hunting dog on land as provided in this section posted without written permission of the landowner or person in lawful possession thereof shall not be in violation
of this section while in such pursuit, except that the provisions of this subsection shall not authorize a person to remain on such land if instructed to leave by the owner or person in lawful possession of the land. Any person who fails to leave such land when instructed is subject to the provisions of subsection (b) of K.S.A. 21-3728, and mendments thereto.
(d) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto,
relating to big game and wild turkey.
Sec. 2. K.S.A. 2010 Supp. 32-1013 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

I think this is excellently worded and would support this law in Georgia.

 

[027181]

Exactly............ Pay for the land mortgage, pay the taxes work your tail off taking care of the land and then you have a right to retrieve whatever you want.

pay the mortgage, the taxes, and work your tail off then have someone out of state buy land in the middle of it

justus4 im not saying tresspassing is fine, yes i do it to get my dogs, i think someone should be able to go get their dog though, trust me i hate people who come and leave trash, tear the land up on atvs, ride their horses wherever they want, leave campfires, but i think thats a whole different matter thats why i would like a right to retrieve law like the bill proposed in Kansas

 

[Unicoidawg]

pay the mortgage, the taxes, and work your tail off then have someone out of state buy land in the middle of it

justus4 im not saying tresspassing is fine, yes i do it to get my dogs, i think someone should be able to go get their dog though, trust me i hate people who come and leave trash, tear the land up on atvs, ride their horses wherever they want, leave campfires, but i think thats a whole different matter thats why i would like a right to retrieve law like the bill proposed in Kansas

I don't like out of staters buying up land anymore than you do. That being said if they paid for it, they have EVERY right to tell you to stay off their land. In one breath you say it is not right to trespass and in the next it is ok because you have a dog involved. I am totally against any kind of retrieval law.

 

[JustUs4All]

justus4 im not saying tresspassing is fine, yes i do it to get my dogs, i think someone should be able to go get their dog though, trust me i hate people who come and leave trash, tear the land up on atvs, ride their horses wherever they want, leave campfires, but i think thats a whole different matter thats why i would like a right to retrieve law like the bill proposed in Kansas

I understand where you are coming from, and if you were planing to hunt the place next to me and called ahead, you could hunt mine too.

BUT, a right to retrieve law would be too much of an infringement upon my right to peacefully enjoy my property. The problem with the right to retrieve law is not so much the legal dog hunter. It is that all private property in the state would then be open to trespass by criminals.

Imagine for a moment if there were a law that allowed anyone to enter your garage to retrieve their butterfly. How long do you think it would take for the local crooks to show up looking for their butterflies in your garage?

 

[hawg dawg]

This is the same argument that us 5th Amendmant advocators use "If you outlaw guns only criminals with have them"

Regardless of what the law says thieves are going to steal. You say this law will make it easier? Just like the gun control folks say it's "too easy" for a criminal to get a gun. Sounding familiar?

No need to worry, if us hunters of ALL kinds of game don't band together soon we won't be hunting ANYTHING.

 

[027181]

I don't like out of staters buying up land anymore than you do. That being said if they paid for it, they have EVERY right to tell you to stay off their land. In one breath you say it is not right to trespass and in the next it is ok because you have a dog involved. I am totally against any kind of retrieval law.

im not saying its okay because there is a dog involved it makes me uncomfortable tresspassing but yes i do it, id rather get a ticket or make someone angry than lose a dog i love
justus4 i dont like doing this on a forum but im going to have to say i agree wit your last post, if only there was a way to do away with people with bad intentions