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Trespassing


Chevy
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I have been told by certain authorities that my land has to be properly posted before they will write any trespassing tickets. My land is posted but because of terrain in certain spots they might be further apart that the law perscribes. In other spots I can't keep the signs in place because the trespassers tear them down.

Shouldn't these authorities be able to ticket trespassers I catch even if the land is not posted or posted lightly?

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and that is why my signs are 60-100 ft apart and not the 600 they suggest and you need to clearly mark property corners...which is done with orange cones and steel posts with surveyor pink paint and tape....

I went to the town judge ...told him of the problems we'er having and told him to talk to the ppl involved..he knows them...explained what we've done to prevent these problems....and I have no problem sitting in his court..that All signs have my cell # on them so the excuse that they couldn't reach me to "track" wouldn't fly....It has helped some...He told me he had just sold his land near one of the lakes ...because trespassing was such a problem and hassle.....

The third time I was nearly shot on my land and in my own stand..... the DEC officer refused to investigate ...even though he saw the trees the slug took out by my head and went on to say... I had to hunt elsewhere on my own land and said..." You don't want to be the land GUSTOPOL do you?".....seriously? nearly shot out of a 16ft tree stand and they say that!

Every one around us have signs 60ft apart...because we're battling both the illegal and legal morons  :P

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I'm not sure just what the tresspassing laws are these days. I thseem to remember that NYS has two posting systems. One is per the regular penal law and the other is per the conservation law, and they are both different.

What I have done is to make sure that I can always see at least 3 signs at any one time. That's not per any legal requirement, but I am sure that standard exceeds whatever the official distances might turn out to be. Also, it is a pretty practical way of guaranteeing that if anyone claims they didn't see the signs, they're lying.

I'll be honest, I really haven't had a serious tresspassing problem. In fact when the snow is on, you can see a lot of bootprints that come up to the posted signs and then turn around and go back. Once in a while, I will see where someone will walk along the line. Seldom do they cross.

Doc

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Unfortunately, I don't think local authorities want to do the extra paperwork and show up in court for the appearance ticket. And you know the DEC, they want the herd reduced and don't seem to care if its done by trespassers. So how do we get them to do their jobs?

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You do what I did...calmed down then called reg 8 director..which got an I'm sorry and he was "talked to"...really?!.... and then... but we still wont' do any thing...so I e-mailed Albany and let them know whats been going on...and I'm not going to let one opportunity pass to tell what happens...Don't think these sites aren't monitored they are...and with every telling more ppl having problems pop up ...... I equate it to....NYDEC's toilet seems to be broken or plugged....I would think that the owners would want to rout out the problem before too much more crap builds up....

A NOTE:    Not ALL DEC officers are like the one I encountered that day but even one is too many ...

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i've had similair problems in the past - no sure fire solution, but two things i have done seem to have lowered the incidents 1) I walk my property alot - even in the off season and I carry a hand gun at all times....2) call another police agency until you get someone to arrest a person....sheriff, NY trooper, etc. - once someone is arrested word travels like wildfire. 3) team up with neighboring landowners if possible. i've done that and i've "doubled my eyes" - good luck

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http://www.dec.ny.gov/outdoor/8371.html    DEC Reg.s.

I can not find a penal regulation that states posting requirements only trespass definitions. the posted signs sever as the basis of their knowledge that the property is private

11x11 at max of 660' and both facing sides of a corner.

I post at 100' intervals and paint every prop line tree (state land is yellow...don't use that). I started with the sherrif when one guy gave me an issue and when they blew me off I went to the Troopers. He was convicted.

Imagine my surprise on our first encounter when he tried to kick me off and said his uncle owned the property....I said really? that means we are cousins.....LOL....My uncle has me post and watch his land up north.

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I know....no name?  I had one small peice I wanted to hunt. posted no name. I went to the town and got the name from the deed.....looked him up on internet and stopped by to ask. He gave me permission after a nice chat and some bribes of fresh tenderloin and back straps. when I asked him why he didn't post his info he said he didn't want to be bothered by folks asking permission....so why me then.... he said "because you seem to have gone through so much to find him"

I still hunt it on occassion and he has given no others permission so far. There are so many out there that do it so they just know who is out there. GO about it the right way and you may be surprised

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I posted my little piece due to a lot of guys putting on drives that went right past my back door. I then stopped them and asked who gave them permission and the answer was we always was able to hunt this piece. By answer was I now own this piece of land and you have to ask permission to hunt and no hunting within 300 yards of the back door of the house. Plus do not shoot any of my 3D deer on my bow range. Nothing like trying to fill in a slug hole in that new 3D target that just cost me $125 bucks.

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I posted my little piece due to a lot of guys putting on drives that went right past my back door. I then stopped them and asked who gave them permission and the answer was we always was able to hunt this piece. By answer was I now own this piece of land and you have to ask permission to hunt and no hunting within 300 yards of the back door of the house. Plus do not shoot any of my 3D deer on my bow range. Nothing like trying to fill in a slug hole in that new 3D target that just cost me $125 bucks.

I had some guys setting up a drive in the little 1000' deep thicket in front of my house. I'm not sure whether they intended to post some guys up in my front yard or what. They never got that far before I was on them. I'm afraid I wasn't as nice about it as you were. I just gave them the boot. The leader of the drive turned out to be a brother-in-law of a guy that I invited out to hunt years previously. The posted signs went up the next day and have been there ever since. I always try to think only the best of my fellow hunters, but some times you just have to shake your head and wonder. What the heck is the matter with some people?

Doc

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  • 2 weeks later...

Just curious, when you encounter a trespasser in the middle of the woods, ask for info...  What do you do if they refuse? Its not like a trooper is going to find this guy or whatever if he decides to walk off  / run away on you.

You can do what Chevy suggested, but I find it alot easier just to shoot them.  ;D

Doc

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first make sure you get your cell phone out the second you see them and have it ready to dial DEC with one click...or your 911 just in case...and get at least a cell pic of them......if you can get a pic and Text it to someone close to you...before you even talk to them would be smart...I prepare for the absolute worst and hope for the best on all things....it sticks in my mind...one person around here commenting on the best way to get rid of a person you don't like is to keep quiet about it then have a hunting accident...scary...I also think of that when ppl drown in these local lakes :(

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