Your Rights?

[Dustin Pate]

Maybe they can't, but they do. Been a big discussion on another social media app in my area where folks have been seeing folks walking around their homes and taking pictures. After research, seems it is the tax assessor doing so and they have not been knocking on doors. I think they should be required to notify you.

I have also heard DNR can come on your property anytime they want to check folks hunting. Is this not true?

What is the probable cause to check your license? He is hunting, so he must be doing something illegal?

The laws conflict for sure.

Here is the law regarding Tax Assessor's. Reasonable notice must be given and that is usually by way of a post on the Qpublic website identifying areas, neighborhoods, or Parcel blocks.

 

[rosewood]

Open fields doctrine and Reasonable Articulable Suspicion. Lots of case law on it.

So, that gets back to the DNR can roam your property at will.

 

[rosewood]

Here is the law regarding Tax Assessor's. Reasonable notice must be given and that is usually by way of a post on the Qpublic website identifying areas, neighborhoods, or Parcel blocks.


View attachment 1109643

Thanks.

Point being, they can come on your property and there isn't anything you can do about it. We do not have the property rights we think we do.

 

[RichardC]

I just left reading a closed thread about retrieving deer from adjacent property. 13 pages of wildly varying opinions and I can see why it was closed. Opinions varied from hardcore private property advocates to what'll it hurt to retrieve a deer by just a little trespassing. If you choose to bow hunt a small tract you knowingly may mortally wound an animal that you may not be reasonably able to recover on your tract. Unless you are a complete novice then this situation has been considered and deemed not important enough to attempt to alleviate prior to releasing an arrow. I wonder if this would have been posted at all had the deer been a forkhorn? It seems it was posted to seek sympathy and absolution from others to retrieve the deer. The poster was clearly aware of the limitations of his hunting tract and chose to release an arrow regardless, worry about any ramifications afterward. Didn't turn out the way he hoped so he seeks support for violating private property laws to assuage his dilemma. I've considered for many years purchasing wooded property to hunt but experiences from leasing property in rural areas dissuaded me from making the leap. It seems from my experience that 'most' people simply don't give a shot about property rights.

Just go get the deer ...ask for forgivness later if need be.

 

[elfiii]

So, that gets back to the DNR can roam your property at will.

No they can't. As I said there's lots of case law on this. Look it up.

 

[rosewood]

No they can't. As I said there's lots of case law on this. Look it up.

I guess I misunderstood your post about Open fields doctrine and Reasonable Articulable Suspicion.

 

[rosewood]

Just go get the deer ...ask for forgivness later if need be.

I have already been wrong, so they will probably tell me I am wrong about this. It is my understanding, unless there is a posted sign or you have been verbally told to not trespass, you cannot be charged with trespassing? This is at least what I was told when I had someone trespass on my property. Once they are told to not tresspass, you can then charge them with trespassing.

Rosewood

 

[flintlock hunter]

Ummmm no, they can't.

In several states, specifically New Jersey, should a Game Warden recieve a report of poached, illegally killed game the Warden is able to enter the premises and check out coolers and freezers for purposes of investigation......

 

[elfiii]

I guess I misunderstood your post about Open fields doctrine and Reasonable Articulable Suspicion.

Open fields doctrine says if they can see it they can come on your property and investigate it. RAS refers to the necessity of the PoPo to have it. They can't just come on your property because they "think" something might be going on. We ain't "show me the man and I'll show you the crime" yet.

 

[rosewood]

Open fields doctrine says if they can see it they can come on your property and investigate it. RAS refers to the necessity of the PoPo to have it. They can't just come on your property because they "think" something might be going on. We ain't "show me the man and I'll show you the crime" yet.

So, how can they come on private property to check for hunting license then? Or are they breaking the law when they do that?

 

[elfiii]

So, how can they come on private property to check for hunting license then? Or are they breaking the law when they do that?

9 times out of 10 somebody called them on you. Had it happen to one of my hunting buddies on my place two weeks ago. He could see the GW looking at his truck but the GW never came in the woods. I'm sure the next door neighbor called the GW on him.

People move to the country, build a McMansion and then think they can stop other people from doing lawful things on their property because "it scares them". I already know when the first gunshot goes off they will be calling the GW again. I'll have a message the GW can deliver to the neighbors but I don't think he will deliver it.

My neighbor has lived there about a year. My property has been in our family for over 100 years, it's been mine for about 30 years and the road it's on is named after my family. They think I'm the interloper who needs to be moved on down the road.

 

[rosewood]

So when the DNR shows up on a Dove field, someone likely reported the folks shooting and that gave him the right to check licenses and bag limits?

This stuff makes no sense to me.

Rosewood

 

[The Original Rooster]

So when the DNR shows up on a Dove field, someone likely reported the folks shooting and that gave him the right to check licenses and bag limits?

This stuff makes no sense to me.

Rosewood

No, but the act of hunting is going on. Hunting requires a license and a game warden seeing or hearing someone hunting is probable cause to do a license check. Inconvenient but nothing illegal about it.

 

[elfiii]

So when the DNR shows up on a Dove field, someone likely reported the folks shooting and that gave him the right to check licenses and bag limits?

This stuff makes no sense to me.

Rosewood

When somebody reports your dove field and the GW shows up, if he sees you shooting dove from the road that satisfies the open fields doctrine. Whether he enters the property or not to check your license revolves around RAS. 9 times out of 10 he doesn't but if you show him your license and introduce yourself you have probably seen the last of him.

I got "carded" back during turkey season. The GW was driving by as me and another guy on another lease were standing at the gate talking. As the GW pulled in the other guy told me "that's the GW that somebody called on me the other day". We introduced ourselves, chatted a while about baiters, declining turkey population, etc. and as he was about to leave he asked to see our licenses. After that I got his name and number. He told us we wouldn't see him again unless we called him and needed help with something.

He's probably the same GW that showed up on my friend two weeks ago. He likely saw the name on the road, remembered me from turkey season and rolled on down the road.

 

[rosewood]

Here is the law regarding Tax Assessor's. Reasonable notice must be given and that is usually by way of a post on the Qpublic website identifying areas, neighborhoods, or Parcel blocks.


View attachment 1109643

So, they consider reasonable notification by posting on a webpage most folks don't know exist. I guess as taxpayers we are expected to check the webpage weekly to look for notices? They should at least be required to ring the door bell and knock on door to notify anyone at home they are there and why. If you show up in my backyard without knocking, you are likely to be greeted by me with a firearm (albeit concealed until needed).

Rosewood

 

[Bear10]

I rarely see a DNR officer, but about 10 years ago, I returned to my truck after an evening hunt and there was an officer waiting. He checked my license but didn't ask to go through my vehicle or anything like that. He said he drove into the property because he saw the gate open. He was vey professional and gave me his card incase I ever needed him. This happened on a large lease with 12 members.

My question is, if I would have asked him if anyone called him and reported suspicious activity on the property, does he have to legally tell me the truth?

 

[Dustin Pate]

So, they consider reasonable notification by posting on a webpage most folks don't know exist. I guess as taxpayers we are expected to check the webpage weekly to look for notices? They should at least be required to ring the door bell and knock on door to notify anyone at home they are there and why. If you show up in my backyard without knocking, you are likely to be greeted by me with a firearm (albeit concealed until needed).

Rosewood

I don't know of any office that doesn't knock, honk, etc. to try to get someone's attention before going on a property. They should also leave a door hanger if someone isn't at home.

 

[Dutch]

The only time I have seen a GW (in the last 11 years) in the Taylor county area is when I was hunting one of the local WMA's.

And my property is posted every 50 yds. Plenty of noticed that someone will be trespassing.

As far as the Tax man...only see him in his office.

 

[The Original Rooster]

So, they consider reasonable notification by posting on a webpage most folks don't know exist. I guess as taxpayers we are expected to check the webpage weekly to look for notices? They should at least be required to ring the door bell and knock on door to notify anyone at home they are there and why. If you show up in my backyard without knocking, you are likely to be greeted by me with a firearm (albeit concealed until needed).

Rosewood

Well, it's kind of like the legal notification page of your local paper. They're required to post some things publicly and the law and the courts say posting it in the paper is publicly enough. Like I pointed out earlier, my local county tax man knocked when he added our pool and removed a lean to from my tax report.

 

[elfiii]

The only time I have seen a GW (in the last 11 years) in the Taylor county area is when I was hunting one of the local WMA's.

And my property is posted every 50 yds. Plenty of noticed that someone will be trespassing.

As far as the Tax man...only see him in his office.

Lemme guess. Your posted signs say violators will be shot and survivors will be shot again. Am I right?