Trespass Laws

[bjkpharmd]

Lots of talk lately about trespass, tracking, etc. Seems like Iowa has less restrictive laws than other states with less land in private hands. What SHOULD the law read with regard to posting and hunting permission? Purple posts or trees? Written permission hunting slips? What should the penalty be for trespass? Lots of questions- no answers, what do people think?

 

[potte22]

I believe that the tresspass laws should be more forgiving for the hunters. I've heard in some states that if land isn't posted you can hunt it, and if it is posted, the landowner must list his name, address, and phone number on the sign so people know where to go to ask permission. Even if this isn't the case elsewhere, I think it would be a pretty good idea. I would say in the event the landowner can't be reached, respect the sign, otherwise it would be tresspassing.

I believe the penalty for tresspassing should just be a fine, if for no other reason, sometimes you can cross the wrong fence or simply lose track of where you are. Anything else would be excessive.

 

[Bighole]

A little different angle...Myself and a friend recently purchased some land together. The previous owner let anyone and their brother hunt, especially during the shotgun seasons. My question is does anyonehave any good advice or first hand experience on how to handle these hunters when they show up to hunt on Saturday morning? I am sure we will have some problems, when we asked the previous owner if he could give us the names of the other hunters so that we could try to notify them before the season, he could not name any of them. I for one am not looking forward to this weekend. Any ideas?

 

[Liv4Rut]

Bighole we are in the same predictament, this year we bought new ground and there is gonna be 7 guys shotgunning this weekend, because the farmer still has the rent ground and is letting them hunt, but his rights end up in march, we plan on just talking to them and telling them this is their last year in there. i would just meet the guys that are coming to your land and talk to them, its about the only thing you can do

 

[Limb Chicken]

Jason,
I guess it is how much of a confrontation you want to have. Are you going to hunt it shotgun? I guess my suggestion is if you aren't going to hunt it this year shotgun you let them go this year but i would make it clear that this is the last year they will be going. Make it clear that the next time it will be a ticket... You are in a tough situation... But you are the owner... Good Luck and be careful!

 

[Limb Chicken]

great minds LIV4RUT...

 

[mole]

In a perfect world a land owner would not have to post their land, everyone would respect the fences. But we all know thats not the case. I've just spent the last two evenings putting up no trespassing/hunting signs, no name or number on the signs. If thats not enough for someone to stop then they deserve a ticket. Most of the people who hunt are good people. For some reason when they buy that deer tag their attitude changes. My family has spent the last few years patroling their farms and whenever necessary calling the CO. It only takes a few times and the word gets out. I don't mind people hunting, but I have four small kids and I don't want to come home to a bad situation because some yahoo didn't respect the no trespass sign and one of my kids got hurt. As it is right now the next three weeks they play inside because I can't trust the rambos driving down the road. Sorry to vent, but we've had problems in the past and I am beginning to dislike shotgun season all together.

mole

 

[Shredder]

I would not tell them this is their last season to hunt there until after the season ends. A lot of spiteful people will do as much damage to your ground and herd if they know that they will never hunt there again.......Just my two cents

 

[pheasanthunter]

Sorry, I dont agree with the if its not posted you can hunt it theory. To me it is not the landowners responsibility to post ground he does not want you hunting on it. No hunting signs already seem to be good target practice for some of the slob hunters.
It is the responsibility of the person hunting to ask the land owner and get permission and know where he is at. The landowner can regulate how many hunters can use the land at any one time. If its free roam you might be running into deer hunters coming from both directions at the same time, not a very safe idea.. As a landowner and hunter I feel that more bite needs to be put into the trespass fines. To get the point across to the trespassers that the landowner still has some rights.. After all it is his land, respect it!

 

[Fishbonker]

Hard subject all around.

For those of you who have never experienced the frustration of not being able to hunt a chunk of land you always hunted in the past, put yourself in their shoes. Its a tradition, no its more than that, its a culture. Fifty years or so ago when Iowa opened their deer population up to controled harvest, there were still plenty of family farms. The farmers and their familys in an area would get toghther for the hunt. It was an extension of the neighbor helping neighbor concept. Over the years the same groups hunted the same chunks of ground. The original hunting groups would change and evolve with time, but it was still the same core group of family and friends that kept the culture alive. Now fast forward 30 years. The 1980's. Crisis in the heartland. Family farms going under left and right. Farms being consolidated. 1990's, there is a buck to be made from selling off a 40 to some city hunter for a weekend cabin. The city hunter really doesn't contribute to the culure in the area. No neighbor helping neighbor. Just big yellow signs on every third fence post saying NO TRESSPASSING NO HUNTING and an ATV trail all around the forty from him patroling his ground. All within his legal rights, but as far as the neighborhood is considred, not within the culture of the area. So that sets up the confrontation. The tradition of culture versus the law. The law will always win, but tradition always holds a grudge. So as a land owner, the law is, and should be, with them and the tradition of culture will evolve. Just don't expect it to evolve in less generations than it took to make it. Now if the land owner can just convince the deer to stay on their side of the fence all year round, they won't have a problem. They just need to teach their deer to read the signs that are on their side of the fence that say, well, what ever they want them to say to keep 'em on their ground. I'm sure the farmer who's grain they eat and the motorists whos cars they wreck will appreciate it.

The "culture" concept does not pretain to the hunter who just drives by and thinks "that looks like a good piece of ground to hunt" and does so. I don't think there will ever be a cure for that.


The 'Bonker

 

[Rembrandt]

Short of putting up "high voltage electric fences" for shock therapy...I'd like to see trespassers charged with felony's....instead of claiming ignorance of property lines, people would soon do their homework before crossing someone elses fence.

 

[all4s]

Mole, Pheasant Hunter, well put!
Fishbonker, well put and understood! You left out the evolution of the deer hunter into the trophy hunter.

Hunt on All4s

 

[all4s]

Rembrandt,

Hunt on All4s

 

[Bighole]

Shredder...You make a very good point, I have made a mental note not to respond with a "this will be the last time..."


Limb... We do plan to hunt all 3 gun seasons in some way, shape or form. Time to start some QDM and harvesting some does.


LIV4RUT... Thankfully we don't have any rental or lease agreements to deal with. I wish you the best of luck!

Fishbonker...You're right, it is a hard subject. I have been on both sides of the fence and am not totally comfortable with telling all people that this land is now off limits. At the same time I am not about to be railroaded on my own property, some rights did come with the purchase of the property. We have attempted to establish a relationship with the adjacent property owners and from their reactions it sounds like they are glad to have a new neighbor. It seems they have all had trouble in the past with tresspassers entering their property from what is now our property, as I said before the previous owner did not care who hunted there, or if they went from his land to the neighbors. Again, I am just looking for ideas on how some of you may have dealt with this situation in the past. Thanks and good luck to all of you this weekend.

 

[M350]

Let me start by saying that I DO NOT OWN LAND. Now that thats clear lets try another one TRESPASSING is WRONG. Iowa has way to liberal laws on this issue. More times than not it seems the trespasser is hunting lands of absentee owners or elderly folk who dont posess the funds or time to prosecute to the fullest extent of the LAW.Trespasser are PIGS- they STEAL from the landowner, the DNR and the rightous hunter with the proper permission to access PRIVATE Property. Every place I hunt, the landowner knows my vehicle and when I will be on thier property and who I will have with me. However, every year I catch someone sneaking in the back 40 or some are rash enough to drive right through farmers yards-knowing very well that the elderly occupant is'nt able to persiut.I have had people LIE to my face about them having sole permission to hunt areas-some even claim lease and try to give me the boot. When this happens I usually win for that day but they always return for another attempt to STEAL GAME. The state of Wisconsin enforces their trespassing laws. so many $ if violator pleads guilty and if you go to court, the fine is considerably higher.

NO TRESPASSING signs should not be required. If you own the land its yours.... Signs do help, but landowners already pay the taxes--Why should they also have to buy NEW signs every year. And, yes, every year--wouldn't be needed if the slob hunter would have to pay a fine for using signs as target practice..

Very sore subject with me, especialy right before gun season--just reminds me whats in store for this weekend.

I still believe that a couple valve core removers in your pocket goes a long way to keep trespassers from coming back. 1st time caught-verbal confrontation. 2nd time caught 1 valve core removed( time to think while changing spare). 3rd time you catch someone trespassing flatten 2 tires(accidentaly of course) this allows them extra time to think about coming back while they're walking a mile or more to a public raod.

Sometimes locking a gate after they pull into a field really slows 'em down--especially on those $45,000 SUV gate rammers

Hope you all enjoy your hunt where you have permission this gun season. Be safe, and check your backstop! Lets try to keep everyone alive for another year.

I'LL SEE YOU LATER!!!!!!

 

[bjkpharmd]

I started this to see if support was there to contact state legislators about a law change. I don't think that a landowner should have to post land to keep folks out- that is what he fence and gate should do. Even without a fence & gate- folks should realize that it belongs to someone & they wouldn't think of having a picnic in your backyard in town so why should this be different. I will still support posting in some fashion as it will make things clear- I'd like to have an easy and cheap way to do it- purple painted posts or trees. As a landowner- I want you to track your wounded deer on my land just because it is the right thing to do. I don't want the orange army waiting at the end of the draw while you "track". Trespass and poaching are on the same level- both are crimes. I read laws from other states and many have severe penalty. Hefty fines to loss of hunting tags. I'd also support written permission slips for anyone on private land as a way to control & ease the prosecution of violations. I'd really like to see some teeth in the enforcement.

 

[Fishbonker]

Everybody in favor of raising taxes to support the cost of hireing lots of new CO, DNR and Deputy Sherriffs to enforce tougher tresspassing laws rasie your hand. I see a few hunters and land owners with their hands up willing to pay the taxes, I see alot more nonhunters saying no way. OK then, everybody in favor of raising the cost of hunting licences to cover the cost of the additional law enforcemnet officers it will take to enforce these new and stiffer laws, raise your hands. I don't see alot more hands up here either.

My point is you can legislate anyhting you want to, except morals, and it is individual morals that keep tresspassers away, not laws and law enforcement. What good are laws if there isn't anybody to enforce them? How many IHP troopers are cleaning bathrooms at their posts instead of keeping us safe because of budget cuts? Pass the laws, but they aren't the panacea you will be hopeing for. How do these states with tougher laws enforce them? Do they have bigger budgets for officers?

I will grant the point that passing tougher laws is a start, and slowly, very slowly you may see some changes in numbers of tresspassers. A landowners rights are unequivacable, but ya gotta have the folks who will cuff 'em and stuff 'em for the laws to be effective.

The 'Bonker

 

[lxshooter]

Bonker I agree with you 100 percent. We can have all the laws we want but until we have the man power to enforce them there is nothing we can do. Some people have to realize that alot of counties have only 1 CO and 1 DNR officer. Ya you might have deputy sheriffs but if you think they are going to come to your land because someone is trespassing and not go to the 3 car pile up, your wrong. Ecspecially when there are only 2-3 deputys on duty at a time. I hate to say these things but they are the truth. I do know of one incident on the land my friend hunts on. The farmer went to his lower acreage to move some round hay bails and noticed a vehicle parked in his corn field. He called the sheriff's office and they said they would have a deputy out there as soon as possible but they had a emergency call at the time. He told them it would be no problem he would make sure the car was still there when they got there. When to deputy showed up the truck had 4-1,000lb hay bails surrounding it. The owner was sitting on the hood. As far as the fine he got I don't know but I do know he had a court appreance. How would you like that. You think you got away scott clean with trespassing and poaching and you come out to leave and your truck is not going anywhere!!! I LOVE IT. I wish I cold have seen the look on his face.

 

[deadeye]

Reminds me of a farmer in our area. He told these coyote hunters not to be driving in his fields. He was doing something the one day and caught them in his field so he put a big round bale in the middle of the gatehole and had a "chat" with them. Not sure what came out of it, but they were sitting ducks. Love it.