Posting land for 'No Hunting'

[MossRoad]

Re: Posting land for \'No Hunting\'

Here's a link to the Indiana Division of Fish and Wildlife website. In the FAQ there is a question about landowners and liability. Interesting reading.

 

[dmccarty]

Re: Posting land for \'No Hunting\'

varmitmist,

</font><font color="blue" class="small">( Posting is a two edged sword when it comes to liability.

If you dont post you are allowing tresspassing so its your fault.
If you post, then you were aware of an inherent danger.
)</font>

Posting is not a two edge sword. There is no inherent danger on my land when I post a sign saying no hunting, fishing or tresspassing. This is not a sign about a dangerous dog. Its a notice. NC law has different levels of tresspass. With a sign and a fence I can certainly get the higher tresspass charged.

In NC the law in this case makes sense. Not all laws make sense but this one does.

While criminals have sued victims that does not mean they have a case and that they won the suit. Anyone can sue anyone for almost anything. That does not mean they win. The more of the law that is on your side the better. In NC posting the land minimizes my liability.

Later,
Dan

 

[dmccarty]

Re: Posting land for \'No Hunting\'

MossRoad,

What is interesting about the article you showed is that its similar to NC law. If you charge someone money/goods/labor for access to use the land you have opened up a bigger door for a lawsuit. I am pretty sure, its been a few years since I read the paper that NC had put out for landowners, the paper said to have any "renters" sign a waiver of liabilty against the landowner as part of the lease.

Later,
Dan

 

[Gary_in_Indiana]

Re: Posting land for \'No Hunting\'

<font color="red"> I am the one held responsible, because that bullet was fired from my property, with my permission. </font>

<font color="blue">I would think the person that SHOT the bullet would be responsible. </font>

Well, in my experience, the litigant is going to name any-and every person and or entity which might possibly bear even the slightest semblance of responsibility. If the 'hunter' who shoots someone from your land while hunting there with your permission is indigent and you are a person of means you can be certain that you'll be named.

I'm not saying it's right or even fair. We're not talking about justice here; we're dealing with the law. /forums/images/graemlins/crazy.gif

 

[froggy]

Re: Posting land for \'No Hunting\'

Here are the current Texas Regulations:

"Retrieval of Game: No person may pursue a wounded wildlife resource across a property line without the consent of landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest.
It is against the law to hunt or fish on privately owned lands or waters without the permission of the owner or the owner's agent. Under the Texas Penal Code (§30.05) it is an offense for any person to enter property that is fenced, posted with a sign(s), or marked (purple paint) without the express permission of the owner. Posts or trees bearing purple paint marking of not less than eight inches in length and not less than one inch in width at not less than three or more than five feet from the ground constitute notice that the property is posted. A person who hunts without landowner consent and kills a desert bighorn sheep, pronghorn antelope, white-tailed deer, or mule deer commits an offense that is a Parks and Wildlife Code state jail felony. Upon conviction, your huntingand fishing license is automatically revoked. You are not required to have a fishing license to fish in private waters in Texas; but, if you are on private property while fishing in public water, a fishing license is required."