Property owner etiquette: stealth tree stands

[oosik]

Three years ago a pickup with two hunters got stuck while "off roading" in one of my fields. They had the balls to come and ask me to pull them out. I called the county sheriff, pressed trespassing charges, they were arrested and their vehicle impounded and towed off. They were found guilty, paid steep fines and also paid to have the damage to my field repaired.

I think the word has spread because I've had no hunters on the property since. I was so dam mad I wanted to shoot them - but I cooled down and followed the procedures as outlined by law.

The only access to my property is thru a gate with a no trespassing sign attached - that's the way its been for 35+ years. Hunters around here are to dam lazy to get out of their vehicle and climb into a tree stand.

 

[onionfmr]

Jmc,
I have been through this and it can be very frustrating. Very hard to keep your cool.
While you want to take their stuff, set booby traps, ect. By law you cannot.
Someone once told me " you must act within the law for the law to protect you"
Keep that in mind. Put the Sheriff and the game warden on speed dial.
Call them with every new piece of info.
Also, a well placed game camera can get a great pic of the trespasser. Great evidence.
Just know if he sees the cam he will steal it.

I have also been thru this many times. Best advice is above. First, make sure that you have met your legal responsibilities in terms of posting your land, etc... Have a copy of your land survey handy. Talk to your neighbors with abutting property and let them know what is going on. Call your local game warden and put them on notice as to what situation you have going on. If you see the illegal trespassing hunters' vehicles, take pictures of the license plates and forward it to the game warden. If you actually talk to the illegal trespassing hunters, get their hunting license #s. If I come upon illegal trespassing hunters on my property, I first talk to them. Have cellphone with you with speed dial for game warden. Take their pictures, if you can subtly, w/o them seeing you. Sometimes it is an honest mistake. Most times not. If they aren't getting it, I inform them that I'm calling the local game warden and intend to press charges. Tell them they can work it out with the game warden. Pretty much works every time.

 

[jmc]

OP here. Thanks, all. I'm too stiff to retrieve it anyway and I can't get the backhoe down there to "gently" remove it. I might just flag the foot screws that are within reach so others might see it, or the neighbor removes it before others do.

Last question- turkey season starts 4/26. Do they hunt turkey from tree stands?

 

[EarPlug]

Virginia Trespassing Laws Related to Hunting and Fishing
Virginia trespassing laws relating to hunting and fishing can result in punishment of just a fine or up to 12 months in jail.

Hunting/Trapping in State Forrest Without Permit: Hunting or trapping in a state forrest without a permit is a Class 3 misdemeanor under Va. Code §10.1-1157. It is punished with a fine up to $500.
Entering the Land of Another to Hunt/Fish: Va. Code §18.2-132 makes it a Class 3 misdemeanor for hunters or fishermen to intentionally enter another person’s land or water to hunt, fish or trap without consent.
Trespassing on Another's Land to Hunt or Fish Is A Crime in VirginiaEntering Land To Hunt or Fish in Violation of No Trespass Signs: Entering the land of another to hunt or fish without permission in violation of prohibitory signs is a Class 1 misdemeanor under Va. Code §18.2-134. It is punished with up to 12 months in jail and a fine up to $2500.
Failing to Identify Self After Trespass to Hunt/Fish: It is a Class 4 misdemeanor under Va. Code §18.2-133 for failing to identify oneself to the landowner upon request after entering another’s land to hunt without permission.
Tampering with Signs Prohibiting Hunting/Fishing: Tampering with signs prohibiting hunting on another person’s property without consent is a Class 3 misdemeanor under Va. Code §18.2-135. The offender can be punished with up to 6 months in jail, a fine up to $1000,and his hunting or fishing license will be revoked for up to 5 years.

 

[Soldier415]

I've had someone coming through my land during deer season each year, coming within 100 meters of the house and putting reflective tacks in trees to mark game trail.

Haven't been able to catch them yet.

 

[hawkeye08]

It is sad to hear these stories about trespassers. I was brought up to respect others and their property. The last trespassers I ran off wanted to argue about where the property line is... (clearly marked).. we had a civil discussion and I sure wish I had my phone out to take a picture when I told them I run all trespassers off equally. Others have been run off too... well, it turned out that the property next to mine was land they paid to hunt on, exclusively.. but the landowner had more than one group with "exclusive" hunting rights... They tried to get me to rent them hunting rights.. I almost said yes, thinking I would ask for a ridiculous sum of money.

 

[PJSprog]

I would attach a very visible note to the stand informing the owner that it needs to be removed by "X" date, or it will be removed by you and they can retrieve it from the local Sheriff. Maybe even find the laws in your state regarding trespassing and hunting private land without permission, and cite those in your note.

If you can, mount two cameras; one near the tree stand to capture their likeness when they remove the stand, and another better hidden one that will capture their likeness while attempting to remove your first camera.

 

[jmc]

If you can, mount two cameras; one near the tree stand to capture their likeness when they remove the stand, and another better hidden one that will capture their likeness while attempting to remove your first camera.

CHECKMATE!

 

[Soldier415]

I've had someone coming through my land during deer season each year, coming within 100 meters of the house and putting reflective tacks in trees to mark game trail.

Haven't been able to catch them yet.

This year I plan to post both of these signs at the property line on the trail he follows in...

 

[newbury]

I've had someone coming through my land during deer season each year, coming within 100 meters of the house and putting reflective tacks in trees to mark game trail.

Haven't been able to catch them yet.

This year I plan to post both of these signs at the property line on the trail he follows in...

Your funny pictures don't do diddly legally. They do not say No Trespassing or Hunting by Permission Only

Here are four things for landowner to know about hunting in Vermont.

1. Hunting by Permission Only

Prior to 2013, hunters could access private lands as long as they weren't posted as no hunting, The Boston Globe reported. The new law softened this all-or-nothing approach by allowing landowners to post their property as hunting by permission only and introducing harsher penalties for violating this rule.

The change means that landowners have more control over who is coming and going on their property. Hunters are not required to ask permission to hunt on land that is not posted, according to the Vermont Fish and Wildlife Department. But the department encourages this courtesy.

2. No Trespassing
Now that landowners have the choice to put up "Hunting by Permission Only" signs, landowners who do so should remove "No Trespassing" signs. The 2013 law means that if landowners chose to leave up "No Trespassing" signs, they are indicating they do not want hunters to hunt on their land at all.

Vermont had been up to 2013 basically a "permitted to trespass" state. One did not need to get permission to cross someone else's land if it was not properly posted.

Mississippi on the other hand regards ALL property as no trespassing without permission if it's posted or not.

SECTION 3. Section 97-17-93, Mississippi Code of 1972, is amended as follows:
97-17-93. (1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment.

Some states detail the signage required, spacing, etc.

Check your local laws. Coming from Vermont I was in the process of trying to find "No Trespassing" signs for my acreage in Mississippi until my BIL told me I didn't need signs, it was No Trespassing by default. And I was thankful, because maintaining signs around 400 acres in 5 separate parcels would be a pain.