Loosing Huntine Land Permissions

[Core]

On 8/7/2019 at 1:34 PM, dbHunterNY said:

doesn't matter whether it's trophies, freezer filling, or peace and quiet to yourself. all public land is different same as all private land is different. I've hunted public land miles in the middle of a swamp thousands of acres. shot a buck with my bow. followed the "blood trail" and it died 5 yards from a vacant tree stand that was clearly kept up and hunted from.

I've hunted the private land hundreds of acres and been looking right at others hunters on or off the property within the range of my weapon. at my private stand on the family farm that is my sole spot that other do not have permission to hunt i've had the sun come up only to have a hunter on the neighbor's right next to me well within 100 yards during opening day of rifle season. i've even had tresspassers i've found in my stands. others were people that hunt the same property that hoped you wouldn't be there and just looking for a vacant stand to hunt.

i've hunted a couple spots on public land that i've only seen another once in the years i've hunted it and that was only at the trail head.  i have freezer filing spots, trophy spots, easy spots, and spots to get away from people just to have time to myself.

there's no question that some private land can be clearly better, but some on here piss and moan that "if only they had private land. hunting would be (better)." it's there go to excuse. some of the best hunters i know keep both private and public options fresh and on table for good reason.

I can't speak for your area. But in my area, Western Wayne county, the public land is tough to hunt. There isn't much of it, what there is is so pressured it would make you laugh (orange army), and what part of it isn't pressured is exceptionally difficult to get to--and get a deer out of.

I did it two years and pulled out a buck both times with bow (most times I went out I didn't see a single deer). But I'm coming up on season 3 now of private land. It's 20 acres or so in the middle of hundreds of others. The owner keeps certain trails cleared, it's packed to the brim with deer including huge bucks. I see deer most times, and throughout bow season I have seen 2-3 distinct sets of deer in just one sit.

These properties are night and day different and if he demanded $1k to hunt his land per year I'd write him a check.

Edited August 26, 2019 by Core

[dbHunterNY]

7 hours ago, Core said:

I can't speak for your area. But in my area, Western Wayne county, the public land is tough to hunt. There isn't much of it, what there is is so pressured it would make you laugh (orange army), and what part of it isn't pressured is exceptionally difficult to get to--and get a deer out of.

I did it two years and pulled out a buck both times with bow (most times I went out I didn't see a single deer). But I'm coming up on season 3 now of private land. It's 20 acres or so in the middle of hundreds of others. The owner keeps certain trails cleared, it's packed to the brim with deer including huge bucks. I see deer most times, and throughout bow season I have seen 2-3 distinct sets of deer in just one sit.

These properties are night and day different and if he demanded $1k to hunt his land per year I'd write him a check.

there's not much public land around me that hold deer. i travel to other WMU's if i do hunt public land for better opportunity.  your "packed to the brim" and "packed" out here might mean completely different things.  my point is this state gives you some options when it comes to finding a place to hunt. having hunted throughout ny it's crazy how different the deer hunting is.  more hunters piss and moan about the grass being greener on the other side when they should be spending the time to either make their grass greener or find another place that's greener so to speak.

[Steve D]

On ‎8‎/‎13‎/‎2019 at 11:14 AM, DirtTime said:

Usually either liability or just they don't allow hunting.

Contrary to popular belief....liability in most cases should not be an issue:

"Recreational Activities"

In New York, a statutory law (General Obligation Law 9-103) protects landowners from liability for injuries to recreational users of their property. This statute probably gives relief not only to the outright owners of property but also to tenants occupying the property. It lists a number of covered recreational activities: hunting, fishing, organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes and training of dogs. The protection arises regardless of whether the landowner posts the property. While posting is essential to winning a trespass case, it does not affect liability under the statute. Likewise, the statutory protection arises regardless of whether the recreational user has permission to be on the property. Thus, under most circumstances, the landowner has no duty to recreational users to keep the premises safe or to warn of a dangerous condition, use, structure or activity (a "trap").

[moog5050]

12 minutes ago, Steve D said:

Contrary to popular belief....liability in most cases should not be an issue:

"Recreational Activities"

In New York, a statutory law (General Obligation Law 9-103) protects landowners from liability for injuries to recreational users of their property. This statute probably gives relief not only to the outright owners of property but also to tenants occupying the property. It lists a number of covered recreational activities: hunting, fishing, organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes and training of dogs. The protection arises regardless of whether the landowner posts the property. While posting is essential to winning a trespass case, it does not affect liability under the statute. Likewise, the statutory protection arises regardless of whether the recreational user has permission to be on the property. Thus, under most circumstances, the landowner has no duty to recreational users to keep the premises safe or to warn of a dangerous condition, use, structure or activity (a "trap").

This is true.  The statute can be found here.  https://codes.findlaw.com/ny/general-obligations-law/gob-sect-9-103.html  That said, there are exceptions and it doesn't prevent someone from suing (even if there is no liability) which results in costs to defend the suit based on GOL 9-103.  As I often explain to clients in other contexts, you can limit or minimize liability but you can't stop someone filing suit which must then be defended.

[steve863]

3 minutes ago, moog5050 said:

This is true.  The statute can be found here.  https://codes.findlaw.com/ny/general-obligations-law/gob-sect-9-103.html  That said, there are exceptions and it doesn't prevent someone from suing (even if there is no liability) which results in costs to defend the suit based on GOL 9-103.  As I often explain to clients in other contexts, you can limit or minimize liability but you can't stop someone filing suit which must then be defended.

 

And it's not like we don't live in a lawsuit happy society.   Doesn't mean they will win the lawsuit, but anyone can sue. 

 

[Steve D]

2 minutes ago, moog5050 said:

As I often explain to clients in other contexts, you can limit or minimize liability but you can't stop someone filing suit which must then be defended.

That is so true as everyone seems to be sue happy these days and looking for a way to get rich on their own stupidity.

Most landowners I get permission from are told right up front I have no desire to hold them responsible for anything.

If I get hurt or whatever it is on me as far as I am concerned. Trying to hold someone else accountable for my actions is not on my bucket list.

[Core]

13 hours ago, dbHunterNY said:

there's not much public land around me that hold deer. i travel to other WMU's if i do hunt public land for better opportunity.  your "packed to the brim" and "packed" out here might mean completely different things.  my point is this state gives you some options when it comes to finding a place to hunt. having hunted throughout ny it's crazy how different the deer hunting is.  more hunters piss and moan about the grass being greener on the other side when they should be spending the time to either make their grass greener or find another place that's greener so to speak.

My definition of packed to the brim (of hunters) is--and I've seen this last year and laughed as I drove by--10 cars or so parked in front of a 100 acres of public land, and one guy in head to toe blaze orange sitting in a tree several hundred feet from one of the cars. Drive past Shaker Tract rd by the lakeshore marshes on opening gun day this year and you'll see the same thing. I feel sorry for those poor sons o' bitches.

Around my way once you get east of sodus there is land, but you're still walking good distances through heavy brush in many cases if you can find a spot.