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Out of control neighbor


Larry_1207
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feel free to cut all the wood you want whenever you want to. Also feel free to ride your 4 wheeler in your wood all you want to or even mow you land if you want to. But if I were you, the police would be involved after he fired shots. That is much more than hunter harassment. Oh and also you might want to unload your gun after legal hunting hours. That is where you will get questioned a lot.

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"She got up a several times, went a few steps and crashed. She was heading toward the property line and my neighbor also hunts. I called out for him several times in the hopes he could put a final shot in her to end her suffering but there was no answer so I took the final shot myself from my stand."............I was just rereading this portion of the original post and it kinda jumped out at me, seems the original poster may have taken the finishing shot when the deer was on the neighbor's property, and how closed was the other guy if he called out to have the neighbor finish her off? maybe the neighbor has a very good reason to be angry.

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only when you think a crime a committed harassing wildlife is silly though as I recall. Intent is intent. But as I said you are basing your opinions on what ? And you want all to think your opinion is fact. Did you make the call yet?

All you have to do is read the hunter harassment laws. Here, Ill post it for you...

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ENV11-0110$$@TXENV011-0110+&LIST=SEA2+&BROWSER=BROWSER+&TOKEN=01990692+&TARGET=VIEW

So, like I said, if there have already been documented issues concerning hunting between the two neighbors, and one of them goes out and starts cutting down trees on opening morning, in a location thats going to obviously prevent the other guy from hunting, it will be considered hunter harassment.

And BTW, just because you say they are facts, doesnt make them so. Youve been proven wrong on legal matters before on this site.

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you would have to show that the guy does it on a regular basis and is going out of his way to locate you and cause the disturbance, a one time or first time incident of someone cutting wood or doing any loud type of work on his own property usually won't fly...........that is "usually", if the guy set's up shop 20 yards from you and says something like "hey a**hole, enjoy your hunt", probably gonna be a different story.

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All you have to do is read the hunter harassment laws. Here, Ill post it for you...

http://public.leginf...92 &TARGET=VIEW

So, like I said, if there have already been documented issues concerning hunting between the two neighbors, and one of them goes out and starts cutting down trees on opening morning, in a location thats going to obviously prevent the other guy from hunting, it will be considered hunter harassment.

And BTW, just because you say they are facts, doesnt make them so. Youve been proven wrong on legal matters before on this site.

have you called yet or are you basing your fact on your opinion. Still waiting to hear what ab officer would say. Because I have.

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you would have to show that the guy does it on a regular basis and is going out of his way to locate you and cause the disturbance, a one time or first time incident of someone cutting wood or doing any loud type of work on his own property usually won't fly...........that is "usually", if the guy set's up shop 20 yards from you and says something like "hey a**hole, enjoy your hunt", probably gonna be a different story.

But if you already have documented conflicts, you have the background to show intent. I am not talking about the neighbor cutting trees 500 yards away.

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How is cutting trees on your own property hunter harassment? Please find me that one in the law books. You have the right to cut wood any time you want to. He on the other hand has no right to fire off shots like that especially if he fired them onto the neighbors property. criminal negligence at the least, which is much more than hunter harassment. Could have been another hunter there he was shooting in the direction of.

charged with criminal negligent what?.criminal negligence itself is not something you can be charged with...........

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no actually you are basing it on your interpretation of the law. but keep believing it as you think it is.

Kind of like your interpretation of intent, etc in a previous thread? Double standards much?

With previous documentation that show the person has cause to harass the other person, a case can be made.

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Well, here is an update from what I have found out. DEC has stated they are not going to pursue this. They said They really do feel sorry for me but as long as he is on his property when commiting these annoying acts that there is nothing that can be done legally. I did qoute them the law as it is Written

"or

follows the licensed person in or about such place and engages in

a course of conduct or repeatedly commits acts which alarm or seriously

annoy such licensed person and which serve no legitimate purpose.

Notwithstanding any other provision of law to the contrary, no one

shall be arrested for violation of this section by other than a duly

designated peace officer acting pursuant to his special duties, or a

police officer."

And that no where is there does it state anything about property. Anyways, decided to mail him a letter and see where it goes. Good thing I have some meat in my freezer anyways. As for finding another place to hunt. I am not giving in to his child and reckless behavior. I have a nice place to hunt and right out my back door. Why should I not have the enjoyment of being able to hunt at home? This does suck, and I have spoken to other neighbors and they have issues with this a-hole also.

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hmm so if he can shoot a gun on his own property, I am thinking you could cut wood on yours. Maybe a gun is less harassing than a chain saw. Good luck. I defer to the legal experts. I am sure the officer was wrong about it.

Edited by bubba
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Well, here is an update from what I have found out. DEC has stated they are not going to pursue this. They said They really do feel sorry for me but as long as he is on his property when commiting these annoying acts that there is nothing that can be done legally. I did qoute them the law as it is Written

"or

follows the licensed person in or about such place and engages in

a course of conduct or repeatedly commits acts which alarm or seriously

annoy such licensed person and which serve no legitimate purpose.

Notwithstanding any other provision of law to the contrary, no one

shall be arrested for violation of this section by other than a duly

designated peace officer acting pursuant to his special duties, or a

police officer."

And that no where is there does it state anything about property. Anyways, decided to mail him a letter and see where it goes. Good thing I have some meat in my freezer anyways. As for finding another place to hunt. I am not giving in to his child and reckless behavior. I have a nice place to hunt and right out my back door. Why should I not have the enjoyment of being able to hunt at home? This does suck, and I have spoken to other neighbors and they have issues with this a-hole also.

Amazing that there are laws in place that are supposed to take care of this type of thing, yet they do nothing about it. I would get a video camera, and record any further incidents. I would also speak to the local sheriff and state troopers about it. get everything documented as thoroughly as possible.

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you are entitled to your opinion even if you are wrong. did you call yet to verify. you keep ignoring that part. gotta love the swelled heads moderators get

I have a letter into DEC, it usually takes a few days or weeks to get an answer, so Ill see what they say. Ill take the answer I get from them over some backwoods JOP any day of the week.

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Yes, I did field dress the deer on his side. I went over there to thank him and ask if he wanted me to clean up the gut pile. This doe was huge (around 180lbs) and tried to drag her to my side but it was just too thick. He was raging mad and I just backed away from him. He called the sheriff on me but they never came over to talk to me. I called them and the sheriff told me he was irate and not to go over on his property even to clean up the mess.

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