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Post by bigballer on Sept 22, 2010 5:33:27 GMT -5
Well here's the thing about them putting up a tree stand. If they have the balls to call the cops and say hey I was tresspassing on his land and this guy went out and took my stand...... Well have a hard time believing anyone would do that. And yes I would agree that the laws must be screwed up. But I don't believe that's the law about one two or three times just asking them to leave. That sounds like your sheriff's rule. If a person is tresspassing and you have proof with video or other way then you can have them ticketed. And if you catch them take game off your land and can get witness's to that or video or something (catch them in the act) then you can have other charges brought up on them. I've seen it happen around here more than once. Sounds like you have a sheriff that doesn't want the headache of doing his job. BB
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Post by huxbux on Sept 22, 2010 7:43:31 GMT -5
Don't keep the treestand then. Take it down and cut it in half with a demo saw or a torch.
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Post by swilk on Sept 22, 2010 8:02:39 GMT -5
You might find over the course of your lifetime that LEO's dont necessarily know the laws they are supposed to be enforcing.
To be fair .... i think it might be impossible for any single LEO to know every single law, and actually understand them, that is on the books at any one time.
Trespassing is against the law .... you dont have to break that law 3 or 4 times before it is enforced.
Finding something like a treestand on my own property is not against the law. If the owner of that treestand shows up and asks for his property back I am required to give that property back ..... but they will be charged with trespassing.
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Post by drs on Sept 22, 2010 8:21:09 GMT -5
Don't keep the treestand then. Take it down and cut it in half with a demo saw or a torch. NO! The best way to handle this is to secure the stand to the tree with a heavy chain & lock. Leave a note stating that: "If he wants his tree stand back, he'll have to face the consequences of his tresspassing on private land."
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Post by drs on Sept 22, 2010 8:22:58 GMT -5
Ah remember though in a hunting situation the trespasser will most likely be armed with a weapon also and just might shoot back..... Then he'll be charges with an assult with a deadly weapon. Thus he will go to jail.
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Post by esshup on Sept 22, 2010 9:38:08 GMT -5
Thanks guys. That's what my gut feeling is, and I have friends that are checking with their law enforcement buddies. But, it'd be my luck when I called to have that sheriff respond that lets them go.
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Post by firstwd on Sept 22, 2010 11:40:09 GMT -5
Thanks guys. That's what my gut feeling is, and I have friends that are checking with their law enforcement buddies. But, it'd be my luck when I called to have that sheriff respond that lets them go. Video is a wonderful thing. If that is the call the Sheriff makes, then let him make it. Turn then to the county prosecutor. If you have it on video, take it to the prosecutor. If this is the Sheriff's normal procedure, call the opposing political office and the news and pass along the video. It sounds like the Sheriff's attitude is why there is such an issue with trespassers in your County.
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Post by tenring on Sept 22, 2010 16:54:26 GMT -5
Is it really worth it to really pursue the trespasser if law enforcement will not do anything, isn't it better to pick your battles more wisely i mean seriously it is not the end of the world... I forgot the exact location of the phrase in the Bible about trespassing, but it goes somewhere along the lines of "don't round off the corners" meaning if it not yours, stay off of it.
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Post by esshup on Sept 22, 2010 20:09:16 GMT -5
Is it really worth it to really pursue the trespasser if law enforcement will not do anything, isn't it better to pick your battles more wisely i mean seriously it is not the end of the world... I believe so. Who's to say that the trespassers aren't up to more mischief? Remember his trail camera was stolen, his pond aerator was cut off the airline and tossed into the woods, and the decoy that marked the aerator was stolen. So, a trespasser could be a thief before he got his mitts on the landowners property. He has dug 4 ponds on the place. He really hasn't stocked them with anything of substance yet, but last year he found a trot line strung across one of the ponds. The fish that he stocks aren't free, nor was it free to have the contractor dig the ponds.
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Post by dadfsr on Sept 22, 2010 20:46:00 GMT -5
So, I gotta ask, are you here only to stir the pot? 'Cause it seems like that's all you've done since you joined. Did you change your screen name from "Mystic" early on because you stirred so much? I'm here because i am a life long Hoosier born here, raised here, still here unlike you. I am entitled to my views whether or not you agree or disagree with them if my views are not in line with your views then please do not be bothered to read them or to respond to them, you see you have a choice and i must believe that since you are responding to my opinions then either you find them of merit or at the very least interesting be they negative or positive. Thank You for your readership.... Danf was basically raised on Indiana property that his ancestors, both maternal and paternal, have homesteaded. How deep do your roots go?? I don't know why you are so set on faulting him for finding gainful employment where he had to but he's got plenty of family here that are more than watching his back! Your contradictory and inane comments on this board are getting to be in a completely obnoxious status....Woody when are we gonna get an ignore button installed Want my take on trespassers? see: huntingindiana.proboards.com/index.cgi?board=campfire&action=display&thread=31918&page=2
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Post by Woody Williams on Sept 22, 2010 21:19:08 GMT -5
So, I gotta ask, are you here only to stir the pot? 'Cause it seems like that's all you've done since you joined. Did you change your screen name from "Mystic" early on because you stirred so much? I'm here because i am a life long Hoosier born here, raised here, still here unlike you. I am entitled to my views whether or not you agree or disagree with them if my views are not in line with your views then please do not be bothered to read them or to respond to them, you see you have a choice and i must believe that since you are responding to my opinions then either you find them of merit or at the very least interesting be they negative or positive. Thank You for your readership.... Dan has been a member since almost the beginning of HI. He is a well respected and a valued member. Just because his employment took him elsewhere does not diminish any respect or his value on this board. In fact, it adds to it as we all like to hear what hunting is like in other parts of the country. Now, lets all get back to the topic or I'll close it down..
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Post by drs on Sept 23, 2010 5:49:46 GMT -5
Is it really worth it to really pursue the trespasser if law enforcement will not do anything, isn't it better to pick your battles more wisely i mean seriously it is not the end of the world... I forgot the exact location of the phrase in the Bible about trespassing, but it goes somewhere along the lines of "don't round off the corners" meaning if it not yours, stay off of it. I think DeerSlayr is one of those who would try to sneak into Area 51!
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Post by raporter on Sept 23, 2010 7:51:27 GMT -5
I forgot the exact location of the phrase in the Bible about trespassing, but it goes somewhere along the lines of "don't round off the corners" meaning if it not yours, stay off of it. I think DeerSlayr is one of those who would try to sneak into Area 51! ;D
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Post by esshup on Sept 23, 2010 10:24:17 GMT -5
Now, lets all get back to the topic or I'll close it down.. I'm trying Woody, I'm trying! I just talked to Region 10 DNR office. They said that if a treestand is found on the property, that either the landowner or I should call the local CO or the office and someone will meet either me or the landowner on the property. Disposition of the treestand will be determined by the officer. The lady that I talked to said that if a treestand is not on property that you own, it should have the owners name on it. She also said that once the word gets around that the landowner is agressive in keeping trespassers off, and is willing to prosecute them, the problems will greatly diminish.
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Post by dadfsr on Sept 23, 2010 11:04:44 GMT -5
If you go back to my link from this spring, I was also told that unless the property is noticebly posted with "No Trespassing" signs then a warning may be all a trespasser gets the first time.
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Post by bigballer on Sept 23, 2010 11:17:21 GMT -5
Easy way to solve the problem. Take a magic marker with you write your name and address on the stand. Then take it down... It now belongs to you!! Enough said.... BB
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Post by esshup on Sept 23, 2010 11:25:25 GMT -5
dadfsr. I was wondering if you had any success in prosecuting any of the trespassers on your place.
The property perimeter is marked with signs, I'm not sure how far apart, but at least every 50 Yds. The perimiter is also marked with a 4" steel pipe buried 3' in concrete, and sticking up out of the ground 4', painted fluro Orange because the signs were getting torn down on a regular basis.
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Post by raporter on Sept 23, 2010 11:25:30 GMT -5
Easy way to solve the problem. Take a magic marker with you write your name and address on the stand. Then take it down... It now belongs to you!! Enough said.... BB ;D
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Post by dadfsr on Sept 23, 2010 15:08:48 GMT -5
dadfsr. I was wondering if you had any success in prosecuting any of the trespassers on your place. The property perimeter is marked with signs, I'm not sure how far apart, but at least every 50 Yds. The perimiter is also marked with a 4" steel pipe buried 3' in concrete, and sticking up out of the ground 4', painted fluro Orange because the signs were getting torn down on a regular basis. The one guy that actually dropped his pants and mooned me that I then took a picture of his face ;D and of which I also got a picture of his license plate when he left (you get the drift)....well when the deputy came out to talk to me and ran the plate for a name, the owner was the same one that I got a picture of. Turns out that he had a rap sheet (mug shot looked worse than his butt ;D ) and was on probation-I never heard anything back from the sheriff's department but the deputy left me with the feeling that I wouldn't have to worry about seeing the guy again for a year or two ;D Hopefully when you catch up with your problem makers they will be as much of a loser as this guy was-makes the outcome much easier to determine.
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Post by Deleted on Sept 23, 2010 15:11:36 GMT -5
I'd rather catch the guy that put the stand up then gain one more stand. Take it down, and put your name and tele number on the tree that the stand was in and hope that he calls you. 1 in 10 wll. After a resonable time, the abandoned property is yours or the landowners if it's unclaimed. If it's claimed, have the person arrested, but give the stand back to him. It's his, and he'll pay for his misuse in court.
As for the fellow mayb firing back at you, go ahead and make my day. I've been tresspassed on so many times that it would be my best day in the woods to have some joker try and shoot me. If he hits, I wouldn't have to worry an=bout it, if he misses, shame on him.
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