Syracuse.com - Hunting season is prime time for trespassers. What's a landowner to do?

[HuntingNY-News]

The onus is on the landowner to control who is allowed on his property, and who is not, according to Capt. Woody Erickson, who heads the state Department of Environmental Conservations law enforcement unit for Region 7.

David Lassman/The Post-StandardNo trespassing sign on Joe Novek's property in Manlius.

Joe Novek said he was warned about trespassers by local law enforcement officials when he added more than 200 acres to family-owned property up in Oneida County more than 10 years ago.

The Manlius podiatrist found out a deer poaching ring was coming on the land at night, armed with shotguns and illegally taking deer using spotlights.

“It took a few years of working with state troopers and the game warden up there, but the poachers eventually moved on,” he said, added that another group of trespassers/hunters had built a 40-foot long bridge to get easy access to the heavily posted property.

He’s since had to deal with trespassers on four wheelers and dirt bikes. Locally, trespassers frequently come on his land along Limestone Creek in Manlius and dump yard clippings and construction wastes. It seems to never end, he said.

“You just wouldn’t believe the gall some people have,” he said. “I got to talking to a lot of farmers and other property owners and I’ve since learned you have to be aggressive about this. The nice guy approach isn’t going to work. You have to let trespassers know you’re going to prosecute and word gets around.”

Novek’s case is an extreme one, but the issue of landowners dealing with trespassing is a widespread problem — particularly during the hunting season.

The onus is on the landowner to control who is allowed on his property, and who is not, according to Capt. Woody Erickson, who heads the state Department of Environmental Conservation’s law enforcement unit for Region 7.

“If you do nothing, you’re giving tacit approval for someone to come on your property,” he said.

The posting of signs is a tool found in the state Environmental Conservation Law that landowners can use to make their wishes plainly known to those who seek to use their land. However, there’s rules about what the signs say and how they must be posted on the property. Failure to follow those rules could result in having your trespassing complaint thrown out of court.

Erickson and others stressed there’s a wide offering of publicly owned property to hunt on in Central New York. For those who choose to hunt privately owned land, the best approach is to ask first and get permission. There is no such thing as a right to hunt land. The DEC appreciates private landowners who do allow hunting on their land.

“Even if it’s not posted,” Erickson said. “If you don’t, you run the risk of ruining your hunt by getting thrown off simply because you didn’t ask.”

Erickson noted a landowner can’t make a citizen’s arrest concerning a trespasser. Arrests are made by police or an environmental conservation. An arrest can only be made, though, if the landowner is willing to file a complaint.

“The best thing a landowner can do is to confront the trespasser and say, ‘Hi, I own this land and it’s posted. Please leave’ in a calm, peaceful way. That usually works,” Erickson said.

If the landowner wants the trespasser arrested, Erickson suggested calling 911. But if you call 911, he added, be aware that officers will not come out just to kick people off your property.

“That’s the landowner’s responsibility,” he said.

Erickson added that if the property owner specifically wants an environmental conservation officer to come, to call 1-877-457-5680.

Novek has been there, done that.

He’s politely asked more than his share of trespassers to get off his land. He’s learned to write down the license plates of anyone he notices parking along or driving by his property. He has trail cameras set up at certain points. He’s also made contact with adjoining property owners. They share notes and watch over each other’s property.

“I also make mental notes of tire tread patterns” he said.

By themselves, signs don’t mean much, Novek said. He noted he has posted his property with several unique ones that say, “No trespassing for any purpose — and this means you!”

“You have to have a presence,” he said. “I hunt deer, but I also pursue trespassers.”

Tim Reese/The Post-StandardNo trespassing sign at Douglaston Run, along the lower Salmon River.

The following are commonly asked, trespassing-related questions by landowners and hunters this time of year, according to the state Department of Environmental Conservation.

Q: What are the requirements for Posted signs?

A: The posting law specifies the maximum distance between signs is 660 feet, the minimum size of the signs is 11 inches square and the area covered by the printing is a minimum of 80 square inches. Signs can be no more than 660 feet apart. The signs should, however, be placed close enough together to be seen and at a height that is easily visible. Posted signs must have the name and address of the person authorized to post the property. Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained. There is no requirement that signs be “seen,” and in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up. This illustrates the importance of seeking permission to enter private land.

Q: Can I be arrested for trespassing if I didn’t see any Posted signs?

A: Yes. Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the landowner is and ask their permission whether the property is posted or not.

Q: If a property is not posted, does that mean I can hunt there?

A: All property is owned by somebody. Just because there are no signs does not necessarily mean you can hunt there. To be legally posted, the law requires it to be posted with signs and checked once a year by the person posting it. Perhaps the signs were torn down or fallen off due to deterioration a month before you arrive to hunt. Legally, it may still be posted. Once again, talk with property owners.

Q: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?

A: No. Seek out the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access.

Q: If I as a landowner allow hunting on my property, can I be held liable if the hunter has an accident or accidentally hurts someone else? Does it matter if the property is posted, liability-wise?

A: No to both cases. The New York General Obligations Law, Section 09-103, states that a landowner has “no duty to keep premises safe for certain uses ... whether it’s posted or not” — and those uses include hunting and fishing.

Q: What’s the maximum penalty for trespassing?

A: It’a violation carrying a fine of up to $250 fine and/or 15 days in jail.

View the full article on The Syracuse Outdoors Blog