Leasing and trespassing..

[lymanl3]

I lease ground for hunting/recreational purposes. Its posted accordingly etc....our contract is elaborate and included in the contract it states the landowner gives us the right to prosecute trespassers accordingly.

Now, the contract is an agreement between the landowner and my hunt club. The hunt club is a registered as a corporation, or an LLC.

Can myself, as the LLC representative, owner etc...prosecute trespassers or does the landowner have to go to court?

Im getting mixed responses on this. For example, Wal Mart leases their buildings/property and Im sure they prosecute thiefs.

Any guidance would be helpful...


Buster,

I saw on another site where you responded to the same question. You stated one can prosecute or have one cited for trespassing if its stated in the contract. A CO in Southern IN with the last name (Pike Co) Pitch told my hunting partner that we cannot have them cited unless the landowner wants to proceed.

The landowner has agreed per our contract that we can prosecute, but he does not want to get involved.

Also, can we have trespassers towed away at their expense if the "tow away" sign is posted? Im tired of dealing with meth heads and am going to start towing via a local company. thanks,

Lyman

[buster]

1. If the contract states that the corporation/hunt club has the authority to prosecute for hunting without consent/trespass violations, then it should not be a problem, as long as it is stated in the contract. I have copies of several contracts from landowners stating that Mr. So-and-so Hunter has been granted authority to prosecute for trespass and hunt without consent violations. I know of several other officers around the state that have made cases on violators in this instance.
2. Again if the landowner has agreed to allow you to prosecute and it is in the contract giving you the authority from him, that's all the CO needs to make a case.