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Post by esshup on May 4, 2022 10:19:56 GMT -5
Yeah the step ladder thing is kinda sketchy especially when talking about heavy packs. But I believe there was a question posted here once on how "thick" a state line is, I believe your response was "pencil lead thin" I would think a prperty line would be the same. Only issue would be a fence or something on both private corners. I'm sure most of the corners are fenced though. Even if they are fenced, then a ladder over the fence would suffice. We are talking about air space, NOT physically touching the private ground. In that vein, is it legal for me to fly a drone over your property? If the answer is yes, then stepping over your property should cause no more harm than flying a drone over your property.
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Post by jman46151 on May 4, 2022 11:19:47 GMT -5
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Post by Mack Apiary Bees on May 4, 2022 11:24:06 GMT -5
Yeah the step ladder thing is kinda sketchy especially when talking about heavy packs. But I believe there was a question posted here once on how "thick" a state line is, I believe your response was "pencil lead thin" I would think a prperty line would be the same. Only issue would be a fence or something on both private corners. I'm sure most of the corners are fenced though. Even if they are fenced, then a ladder over the fence would suffice. We are talking about air space, NOT physically touching the private ground. In that vein, is it legal for me to fly a drone over your property? If the answer is yes, then stepping over your property should cause no more harm than flying a drone over your property. If they use a ladder and you were smart enough to put a camera up then you have evidence that a foot was placed on private property and that is a game changer. Plus the fence is on private property. Trespasser Busted. How about a 10 foot fence!
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Post by jman46151 on May 4, 2022 11:41:43 GMT -5
Even if they are fenced, then a ladder over the fence would suffice. We are talking about air space, NOT physically touching the private ground. In that vein, is it legal for me to fly a drone over your property? If the answer is yes, then stepping over your property should cause no more harm than flying a drone over your property. If they use a ladder and you were smart enough to put a camera up then you have evidence that a foot was placed on private property and that is a game changer. Plus the fence is on private property. Trespasser Busted. How about a 10 foot fence! He's not allowed to block access to the public land. "1061. Inclosure of or assertion of right to public lands without title
All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited." "Any person violating any of the provisions of this chapter, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding $1,000, or be imprisoned not exceeding one year, or both, for each offense."
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Post by Mack Apiary Bees on May 4, 2022 11:49:32 GMT -5
If they use a ladder and you were smart enough to put a camera up then you have evidence that a foot was placed on private property and that is a game changer. Plus the fence is on private property. Trespasser Busted. How about a 10 foot fence! He's not allowed to block access to the public land. "1061. Inclosure of or assertion of right to public lands without title
All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited." "Any person violating any of the provisions of this chapter, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding $1,000, or be imprisoned not exceeding one year, or both, for each offense." Who said public. This is about private land and property construction of a fence. Each county/state has regulations on fencing on the borders of private property. I'm writing on a legal fence on private property. Nothing about public.
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Post by Ahawkeye on May 4, 2022 11:59:32 GMT -5
Yeah the step ladder thing is kinda sketchy especially when talking about heavy packs. But I believe there was a question posted here once on how "thick" a state line is, I believe your response was "pencil lead thin" I would think a prperty line would be the same. Only issue would be a fence or something on both private corners. I'm sure most of the corners are fenced though. Even if they are fenced, then a ladder over the fence would suffice. We are talking about air space, NOT physically touching the private ground. In that vein, is it legal for me to fly a drone over your property? If the answer is yes, then stepping over your property should cause no more harm than flying a drone over your property. I agree, the way I mean sketchy is I don't think I'd want to climb one side of a step ladder then down the other with a full pack. If the corner is not fenced in my opinion one should be able to step from public to public. We'll see how this plays out.
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Post by jman46151 on May 4, 2022 13:09:28 GMT -5
He's not allowed to block access to the public land. "1061. Inclosure of or assertion of right to public lands without title
All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited." "Any person violating any of the provisions of this chapter, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding $1,000, or be imprisoned not exceeding one year, or both, for each offense." Who said public. This is about private land and property construction of a fence. Each county/state has regulations on fencing on the borders of private property. I'm writing on a legal fence on private property. Nothing about public. I don't think it matters where the fence is. If it blocks federal public land then it's illegal. In the past, a court determined that a Wyoming rancher was required to modify or remove a 28-mile fence, constructed primarily on private property, because it prevented a herd of pronghorn from accessing its winter range, thus violating the Unlawful Inclosures Act by frustrating pronghorn access to and from public lands. (U.S. ex Rel. Bergen v. Lawrence, 848 F.2d 1502 (10th Cir. 1988))
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Post by featherduster on May 4, 2022 20:50:51 GMT -5
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Post by greghopper on May 4, 2022 21:05:48 GMT -5
I read that yesterday…. I got a better understanding about what happened after reading that article. Crazy stuff in them states out there!
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Post by esshup on May 4, 2022 21:44:15 GMT -5
I wonder if a helicopter rental would have been cheaper.
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Post by Ahawkeye on May 4, 2022 22:09:24 GMT -5
I wonder if a helicopter rental would have been cheaper. Good point, but now there is a possibility of never needing another one in this situation.
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Post by esshup on May 4, 2022 23:31:46 GMT -5
I wonder if a helicopter rental would have been cheaper. Good point, but now there is a possibility of never needing another one in this situation. I hope that is the case!!
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Post by greghopper on May 5, 2022 5:34:55 GMT -5
I wonder if a helicopter rental would have been cheaper. Or a legit Outfitters or maybe a different public spot…I haven’t read where they was successful on the Hunts
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Post by esshup on May 5, 2022 8:28:44 GMT -5
If they were going back there a 2nd year in a row, I'd venture to guess that there was something back there that they wanted to see or chase.
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Post by greghopper on May 6, 2022 8:13:50 GMT -5
If they were going back there a 2nd year in a row, I'd venture to guess that there was something back there that they wanted to see or chase. That maybe the reason for the uproar on both sides...ANTHERS go figure! It always amaze me what some will do for something FREE.
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Post by Ahawkeye on May 6, 2022 8:19:06 GMT -5
May be "free" but it's as much their's as it is your's, mine or Iron Bar Ranch's.
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Post by Ahawkeye on May 6, 2022 8:25:17 GMT -5
They also kicked in on that land by paying taxes and buying hunting licenses.
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Post by greghopper on May 6, 2022 8:33:39 GMT -5
May be "free" but it's as much their's as it is your's, mine or Iron Bar Ranch's. Yep...and sometimes FREE comes with a price if you don't follow the rules.
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Post by Ahawkeye on May 6, 2022 8:36:47 GMT -5
So far they are FREE of any wrongdoing, and followd the rules in the eyes of a jury of their peers.
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Post by Ahawkeye on May 6, 2022 8:39:02 GMT -5
The CO and sheriff wouldn't even write them a ticket. Only reason they went to cort is because the ranch owner strongarmed the prosecutors office.
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