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07/17/12, 08:46 PM
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Banned
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Join Date: Oct 2006
Posts: 12,448
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Quote:
Originally Posted by DGFALL
Bluesgal, you are right, as of 2010 a person can carry concealed without a permit in Arizona. My information was older than 2010 (When I studied firearm law,) There are other states that are considering those same changes.
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There are other states that already have concealed carry.
You are quite a bit behind.
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07/17/12, 08:49 PM
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Join Date: Dec 2008
Location: Illinois
Posts: 8,266
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Quote:
Originally Posted by CarolT
Was the road they were cutting trees and digging asparagus on your driveway or a road maintained by the county or state? Not sure about there, but here, if the county maintains it, it is public property and we can't do anything about things like that 
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Here we own to the middle of the road. I let anybody I catch know that I know what's what. Heck, even if the homeowner doesn't own the ditch, it's just not cool to stop and take things.
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Moms don't look at things like normal people.
-----DD
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07/17/12, 09:23 PM
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Join Date: Aug 2009
Location: SE Oklahoma
Posts: 2,005
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Quote:
Originally Posted by crispin
You are out of your mind.
I hope no one has to suffer by living near you.
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What do you not understand about the saying: if you don't own it, don't go on it?
How would you feel if strangers showed up on a regular basis for dinner at your home? Same thing, imo.
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07/18/12, 01:19 AM
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Cactus Farmer/Cat Rancher
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Join Date: Dec 2006
Location: Central Wisconsin
Posts: 1,974
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Quote:
Originally Posted by loghome mom
The second; a man and wife were digging up the wild asparagus alongside of the road.
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Eh some battles aren't worth the fight. I caught an 80 something year old man rummaging in my parent's woods looking for wild mushrooms and various edible plants. He had a basket full of them. The guy was from Belarus and fled from there after WWII. I just shrugged my shoulders. Getting up in a wad about it would have done nobody any good. I too have wild asparagus growing right on my fence line next to the road. People have taken it. Wouldn't do me any good to go out and throw a fit about it. If I really cared about it I'd transplant them. I suggest you transplant them if you can't stand the thought of road side opportunist walking ten feet off the road to harvest them.
Quote:
Originally Posted by loghome mom
Then last night a golf cart full of people drove right up our driveway (1/4 mile off the road), by the house and down one of our wooded paths. They have obviously done it before because they knew exactly where they were going.
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Do you live near county/state land? The area I live in has a lot of county forest and it seems that people come up from the big city and don't understand that not every path in the woods is on public land.
Quote:
Originally Posted by loghome mom
I can't believe how bold people are getting and how disrespectful of people's property they are. Any suggestions on how we can handle this? My husband is about ready to stroke out he is so angry.
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First off calm down. Nothing is solved by getting angry and escalating things. That is how people make it on national news and wind up in lame court battles. Also traipsing around with guns and confronting people is an excellent way to get shot yourself.
You can put up all the gates you want on that easement but those gates are only as good as the least responsible property owner. The only way this is going to be solved is to be rational and by talking to the other property owners without flying off the handle. If it were me I'd try and see if some sort of public road could be brought in to allow access for the other property owners.
My parents had some neighbors that would go and puff out their chest and try and basically try to intimidate the neighborhood. It didn't end well for them and most likely it won't for you either.
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07/18/12, 04:48 AM
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Join Date: Feb 2005
Location: Alaska- Kenai Pen- Kasilof
Posts: 9,376
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[QUOTE=PhilJohnson;6025385
You can put up all the gates you want on that easement but those gates are only as good as the least responsible property owner.
What RESPONSIBLE PROPERTY OWNERS ---Wake up trespasser are 100 percent at fault. Who gets confused as to if they own the land I could see if it was a border line issue but wizzing past someone house.
If it were me I'd try and see if some sort of public road could be brought in to allow access for the other property owners.
AND WHERE ARE THEY GOING TO CREATE THE LAND FOR A PUBLIC ROAD. ----Oh the current land owner who selected, purchased, paid the taxes for the type of place they wanted. They could have chosen to live on a highway but no they picked a rural are AWAY from others --But others want what they own so those people well they should get what they want and the land owner just suffer the loss of the use their land that they paid--WORKED for.
Why is land a private property that others think they can borrow with out asking or being giving permission. It is not responsible land owners at fault it is SELF CENTERED, SELF indulging, non responsible trespassers.
A homeowner in a local for which owning a gun is legal had every right in the AMERICA to carry the gun on his private person open or not on his own land and that includes the property line. If it offend the trespasser so be it. The trespasser has a way to resolve the isse
1 apologies to the land owner
2 offers to make restitution for any damages to the owner
3 accept that the land is NOT theirs to use.
Since when is the victim required to make the perp feel good.
PC GONE WILD
Note I am not suggesting in any way the the land owner do and illegal act ----One illegal act does not justify another but next will have and army where the goal in not to hurt those firing at you.
Last edited by kasilofhome; 07/18/12 at 04:54 AM.
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07/18/12, 07:51 AM
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Very Dairy
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Join Date: Dec 2002
Location: Dysfunction Junction
Posts: 14,603
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I'm from northern Michigan and in some places, people can be casual about that sort of thing
We always joked that you could tell when a "flatlander" (person from downstate) bought a property ... first thing they'd do is put a gate up with a lock on it. (Didn't matter if the driveway was just a strip of gravel in the middle of an unfenced field ... there was a gate and a lock by Gawd!)
Last place I lived had a trail on it that connected with one on the adjoining property and so forth. You could walk for miles on this trail system, through public and private lands.
When we moved in, we did have a few neighbors drop in to ask if it was still OK to use our part of the trail. DH#3 and I shrugged and said, "Sure." So occasionally a horse and rider or ATV would pop out of our woods. Never had a problem with it. We used the trails, too.
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"I love all of this mud," said no one, ever.
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07/18/12, 08:05 AM
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Guest
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Join Date: Dec 2009
Posts: 3,552
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What if you lived in an upscale or not so upscale subdivision and had a pool. There is a fence around the pool. Neighbors without your permission come over and swim and party. Early morning or late evenings. Maybe some kids come over too. Somebody could get hurt or drown. Then you will be facing a lawsuit. I know insurance may cover it but it will curtail your life as you know it. People need to respect other peoples property. If it's not yours, leave it alone. Maybe you could get permission to use it if you are nice.
Country acreage is the same as city property. Stay off unless it is yours or you have permission.
Last edited by unregistered41671; 07/18/12 at 08:13 AM.
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07/18/12, 09:19 AM
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Cactus Farmer/Cat Rancher
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Join Date: Dec 2006
Location: Central Wisconsin
Posts: 1,974
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Quote:
Originally Posted by kasilofhome
What RESPONSIBLE PROPERTY OWNERS ---Wake up trespasser are 100 percent at fault. Who gets confused as to if they own the land I could see if it was a border line issue but wizzing past someone house.
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If the OP puts up a gate and the other property owners have a key, if someone forgets to lock it, looses the key and cuts the lock, makes a bunch of copies and gives them to friends ect ect the problem will still exist. That is my point.
Quote:
Originally Posted by kasilofhome
AND WHERE ARE THEY GOING TO CREATE THE LAND FOR A PUBLIC ROAD.
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ON THE EASEMENT! OP also mentioned something about a power line easement in the back.
Quote:
Originally Posted by kasilofhome
----Oh the current land owner who selected, purchased, paid the taxes for the type of place they wanted. They could have chosen to live on a highway but no they picked a rural are AWAY from others --But others want what they own so those people well they should get what they want and the land owner just suffer the loss of the use their land that they paid--WORKED for.
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There are options here and none of them are very good. This is why I'm not a big fan of easements. I've seen lots of fights over them. Also private roads rank right up there too with being a spot for contention. When I was out in Arizona I ran across a land owner who had an access road that cut across his ranch. It was on private land. Trouble was people had used it for years to get across to another road (including the BLM Rangers). Eventually he gave up trying to stop people.
Short of destroying the road there just wasn't going to be any way that people were going to quit using that road. I suppose you could keep shooting people like some sort of Rambo but eventually you'll kill the wrong person. And when that happens either someone will kill you or you'll wind up in the slammer. So now the rancher lets the general public use the road and has the BLM patrol the area. It wasn't a perfect solution but most aren't. Sometimes you just have to go with the most realistic one.
Quote:
Originally Posted by kasilofhome
Why is land a private property that others think they can borrow with out asking or being giving permission. It is not responsible land owners at fault it is SELF CENTERED, SELF indulging, non responsible trespassers.
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Hey I agree. My place has gotten robbed and I have had a fair amount of trespassers. I even had some fruit wander into my house looking at my stuff which I discovered upon coming home. So I put up security cameras and no trespassing signs. Seems like people are much more polite when they know they are being watched.
Quote:
Originally Posted by kasilofhome
A homeowner in a local for which owning a gun is legal had every right in the AMERICA to carry the gun on his private person open or not on his own land and that includes the property line. If it offend the trespasser so be it. The trespasser has a way to resolve the
issue.
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Riding around the neighborhood with slightly concealed weapons to talk to other property owners is dumb. That was what I was talking about. Part of the solution will require the cooperation of the other land owners that use the easement. Carrying guns while talking to those people will not make them any easier to work with.
Quote:
Originally Posted by Possum Belly
Country acreage is the same as city property. Stay off unless it is yours or you have permission.
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That is not the way it works around here. County forest land is open to everyone.
Last edited by PhilJohnson; 07/18/12 at 09:21 AM.
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07/18/12, 09:24 AM
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Guest
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Join Date: Dec 2009
Posts: 3,552
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Quote:
Originally Posted by PhilJohnson
That is not the way it works around here. County forest land is open to everyone.
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I said "country acreage" not county forest land. I am talking about property that someone owns. Not public county owned property.
"Country acreage is the same as city property. Stay off unless it is yours or you have permission."
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07/18/12, 10:37 AM
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Join Date: Jun 2010
Location: North Central MN
Posts: 3,022
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People who use land or own land have a responsibility to know the trespass laws that apply.
I both hunt and own land so I feel the need to know the trespass laws so I can enforce them on my land and follow them when hunting. Hunting is an activity that usually doesn't have someone keeping score or calling fowles so you have to make your own moral decisions when afield. My basic rule is that I don't trespass on someones property without permission. I learned all the regs just so I know what's leagel and what's not.
Each state has different laws for trespassing. You have to study up on your state's laws. Here in MN, one of the best explanations is in the Hunting and Trapping Regulations Handbook. Hunting and trapping regulations: Minnesota DNR
It starts on page 9.
I don't know if they are trying to be politically correct or what but the DNR skates around some provisions and doesn't mention others. In MN you can enter another person's land if it is forested and not posted. The DNR handbook tells you the regs on all the other possibilities but doesn't come right out and state this one. If you are on someones forrested, unposted land and the owner orders you off you have to go but you have not broken any laws. If there is a house or other building on the border of a state wildlife management area, the hunter doesn't have to follow the law that prohibits shooting close to a building. This was enacted because people are building homes on the edge of WMAs to get the benefit of being next to wild land and then trying to enforce the distance law, thus depriving the hunters of using the WMA. Of course the hunters are prohibited from shooting at the house.
These are what the laws were in MN the last time I looked. You should check to make sure they have not changed them in the meantime.
Another area of confusion is the state forests. One piece of land I own is in a state forest. Most maps don't show which lands in the state forest are private and which are public. You have to get a plat book map to really know what's what.
As a landowner you should check why a person is trespassing and temper your response accordingly. If the trespasser just made a mistake, order them off the land. If the trespasser knows they are breaking the law or wants to argue the point, call the sherriff and have them arrested.
I do think the OP was nuts to trespass on the neighbors land, do it while armed, and yell at the neighbor from outside the house.
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07/18/12, 05:11 PM
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Join Date: Mar 2005
Location: NW Oregon
Posts: 1,754
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As many have said, this post has become a gun issue. Do you have the right to pack on your own property? Of course you do, I carry a shot gun with me during Cougar season. But does that mean you have the right to threaten or shoot at a tresspasser. No! You talk to the tresspassers and then call the Sheriff everytime thier on your property. Guns are not the answer to this problem.
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07/18/12, 05:47 PM
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Join Date: Oct 2008
Location: Vermont
Posts: 274
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Quote:
Originally Posted by Nimrod
People who use land or own land have a responsibility to know the trespass laws that apply.
I both hunt and own land so I feel the need to know the trespass laws so I can enforce them on my land and follow them when hunting. Hunting is an activity that usually doesn't have someone keeping score or calling fowles so you have to make your own moral decisions when afield. My basic rule is that I don't trespass on someones property without permission. I learned all the regs just so I know what's leagel and what's not.
Each state has different laws for trespassing. You have to study up on your state's laws. Here in MN, one of the best explanations is in the Hunting and Trapping Regulations Handbook. Hunting and trapping regulations: Minnesota DNR
It starts on page 9.
I don't know if they are trying to be politically correct or what but the DNR skates around some provisions and doesn't mention others. In MN you can enter another person's land if it is forested and not posted. The DNR handbook tells you the regs on all the other possibilities but doesn't come right out and state this one. If you are on someones forrested, unposted land and the owner orders you off you have to go but you have not broken any laws. If there is a house or other building on the border of a state wildlife management area, the hunter doesn't have to follow the law that prohibits shooting close to a building. This was enacted because people are building homes on the edge of WMAs to get the benefit of being next to wild land and then trying to enforce the distance law, thus depriving the hunters of using the WMA. Of course the hunters are prohibited from shooting at the house.
These are what the laws were in MN the last time I looked. You should check to make sure they have not changed them in the meantime.
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It's the same here. You are not legally considered trespassing unless the land is posted. With the older generation, this really wasn't a problem. Not so anymore.
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07/18/12, 06:32 PM
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Join Date: Mar 2005
Location: NW Oregon
Posts: 1,754
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Quote:
Originally Posted by NorthCountryWd
It's the same here. You are not legally considered trespassing unless the land is posted. With the older generation, this really wasn't a problem. Not so anymore.
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Well, in my State you can put any sign you want, dosen't make the sign legal in court. Signs are just signs, nothing more.
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07/19/12, 03:06 AM
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Banned
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Join Date: May 2012
Location: Western North Carolina
Posts: 255
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I would relax a little bit , let things settle down
Quote:
Originally Posted by loghome mom
In the last two weeks we have had three different run-ins with our neighbors trespassing on our property. These aren't the live here year round neighbors, but the ones from Southern Michigan that are vacationing here.
The first was a man cutting trees down along the road with a machette (we provide ingress and egress) because as he told us, he was bored and the trees bugged him. We called the sheriff on him.
The second; a man and wife were digging up the wild asparagus alongside of the road.
Then last night a golf cart full of people drove right up our driveway (1/4 mile off the road), by the house and down one of our wooded paths. They have obviously done it before because they knew exactly where they were going.
We have no trespassing signs posted and now we have logs across the roads in the woods. My husband even dug a large hole in the middle of the path so if they go through there again, they won't be driving out.
I can't believe how bold people are getting and how disrespectful of people's property they are. Any suggestions on how we can handle this? My husband is about ready to stroke out he is so angry.
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well , believe it or not , you're lucky . .
as soon as you can , y'all go fill that hole back in please & stack the logs on top of it. If anybody accidently drives into that hazzard big hole y'all have dug , and gets hurt , maybe bad hurt , , the Law might look at it like ya'll was setting a booby-trap for them . didn't you say you provided ingress & vamoose ? just saying , just a point to ponder , it's your business.
the bored guy with the machete whacking things ? I'm with you all the way on that , and I'd be watching this nut real close . . smart thinking to let the Sherriff handle it , now at least you have a trouble log started . . .
the folks digging up your Asparagas ? Now that would have made me mad . . . I've tried to start Asparagas for 3 years now , not had a bit of luck .. and when I do finally get it started , by golly , I don't want nobody stealing it or trashing & stomping on my patch ...
the folks in the golf cart ? well , I never saw many duffers in a golf cart that had much harm in them , , odds are it was something that prolly won't happen again now that you got the signs up and the Law / Sherriff involved . .he's prolly had a talk with them by now , if he's not , I'd ask why not ? He's your Sherriff , ask him about it ...
Meanwhile , I'd let things cool off if I could , if it cranks back up and starts getting even worse , I'd load the guns & dial 9-11 ... and I'd sure watch that bored nut with the machete .
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07/19/12, 06:01 AM
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Join Date: Feb 2005
Location: Alaska- Kenai Pen- Kasilof
Posts: 9,376
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I love "Hopeful belief" that all will be well with just putting up a gate or signs. I got a home down the road that was chain linked around the 2 acres but the side that was exposed to the steep clift over the ocean inlet.--Oh it was posted all over the chain link fence--don't know if the people wanted his signs or the chain link fence--but they are both gone. I ask the folk across from the old man why he sold his fencing as I would have loved to buy it. Stolen. --My driveway is a bit long used to be 24 inches (measure) underwater for over a 1/4 mile --some work was done on it --iota dirt work and gravel well one day I caught a sweet lady with a truck, shovel and 5 gallon buckets. She was digging my driveway.--I walked down there (originally not knowing what she was up to--silly me thought she was stuck and might need help.
I was shocked, stunned and you will not believe this but lost for words. I lit a cig and she started complaining about my smoking (on my land as she shoveled my gravel in to her buckets)
I ask her what she was doing she said she needed gravel as her's was a mud hole. She said that it was a waste for the state to have put down so much gravel on this "road" --Her back was killing her she was going to quit for the day and finish the next. That's when I asked her to first empty the gravel back as it was not a road by my driveway and IF was a road she would be destroying public property and that that was a gravel pit that locals had open use of LEGALLY (she even had mentioned it but it was 5 miles down the road but my place was closer.)
Sorry but trespassers are committing the offense why keep blaming the land owners and renters and place requirements on them. Land rights should be respected. I notice that the trespasser are to be protected when the interfere with the lifestyle of the rightful owner/ renter.
At some point we stopped blaming the rape victim but protected them and made the perp face the music --When are we going to stop blaming the rightful land user vs the trespasser. Look land owners and renters did not steal the land from any one they already gave up time at work to earn the right to enjoy the peace they worked for and sought out. Look at all the people here and the time, energy, effort, and hard choices they make in order to gain their piece of heaven. --So why is anyone calling the land owner irresponable because they are the VICTIM of trespasser who KNOW that they did not pay for the the same rights as the landowner or renter did. My land is my asset just as you bank account is your asset. Chances are if some one used you bank assets just because they could get around your security you might not think much about pampering and coddling the person making use of your asset. Just a different way of looking at it.
Last edited by kasilofhome; 07/19/12 at 06:19 AM.
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07/19/12, 06:40 AM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Very well said Kasilovhome!
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I yam what I yam and that's all what I yam.
Popeye
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07/19/12, 07:28 AM
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Join Date: Oct 2008
Location: Vermont
Posts: 274
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Quote:
Originally Posted by airotciv
Well, in my State you can put any sign you want, dosen't make the sign legal in court. Signs are just signs, nothing more.
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Understood, the signs in my state are handed out by the state and once properly signed and posted, they are legal in court. Without the signs, you have no legal claim against a trespasser.
Again, it helps to know the laws in your state.
I understand the moral issue of not wandering onto someones property (I wouldn't without permission), however in some places (like mine) it has been common practice for generations....unless the land is posted. The people that hunt other peoples unposted land are not morally corrupt, they're just doing what they've done for years. The minute you post your land (around here anyway), they will stop.
I realize it's not as easy everywhere, but knowing your legal rights and liabilities as the landowner is the place to start....regardless where you are.
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07/19/12, 07:58 AM
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Join Date: Oct 2005
Posts: 4,230
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This thread has drifted so bad, maybe one more drift would be accepted?
Salmon, you did say it was legal to carry a loaded gun in a glove compartment? One deputy told me it had to not only be unloaded, but the clip and shells has to be in another location. ( And, I'm one of the old ladies in your area with a CCW)
__________________
In Life, We Weep at the thought of Death'
Who Knows, Perhaps in Death,
We Weep at the though of Life.
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07/19/12, 08:52 AM
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Fair to adequate Mod
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Join Date: May 2002
Location: Between Crosslake and Emily Minnesota
Posts: 13,728
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Quote:
Originally Posted by ceresone
This thread has drifted so bad, maybe one more drift would be accepted?
Salmon, you did say it was legal to carry a loaded gun in a glove compartment? One deputy told me it had to not only be unloaded, but the clip and shells has to be in another location. ( And, I'm one of the old ladies in your area with a CCW)
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For the typical person in Minnesota, the gun must be unloaded, cased, and kept in the vehicle's trunk (or, if in a pick-up, kept in an inaccessible location). However, if a Minnesotan has his/her permit-to-carry, the firearm can be kept loaded in the glove box.
__________________
This is the government the Founding Fathers warned us about.....
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07/19/12, 09:29 AM
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Join Date: Jan 2009
Location: Missouri Ozarks
Posts: 5,069
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Quote:
Originally Posted by ceresone
This thread has drifted so bad, maybe one more drift would be accepted?
Salmon, you did say it was legal to carry a loaded gun in a glove compartment? One deputy told me it had to not only be unloaded, but the clip and shells has to be in another location. ( And, I'm one of the old ladies in your area with a CCW)
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Its actually legal in Missouri to carry a concealed weapon in your car because Missouri law considers your car an extension of your property. You can have a fully loaded weapon in a glove box, under the seat etc. However, you are kind of at the mercy of the local Sheriff and how well the Deputies are trained. The Sheriff's Dept I worked for until just recently was very educated on the issue and it wasnt a problem but I know some counties (usually closer to urban areas) really discouraged the practice.
Kasiloffhome; I dont disagree with most of what you said but where in any post has anyone said not to enforce their property rights? I went back through the entire thread and didnt find even one poster stating that. I think its just differing views on how much its worth to ratchet things up so quickly and that view will be driven by the local situation so you are creating an argument where none exists. As a land owner if you dont want trespassers you have to take action to make sure you protect your property rights. In a perfect world everyone would respect your property boundaries without the need for fences, signs, gates, or other measures but as we all know we dont live in a perfect world. The OP has been given a wide variety of ideas and hopefully has gained some insight on how others deal with their issues. I own a small farm that had been in the same family since 1919 and descendants of that family still own property on one side and others live in the area....they were used to just coming on the property at will and the fact that the place had been abandoned for almost a year didnt help. So we have dealt with our own trespassing issues and I think those advocating a continuum of options starting with the least costly and least legally risky have a valid point. Claiming that they dont care about their property rights or they want to coddle the trespassers just because they dont advocate immediately going to the most extreme solutions on the continuum is incredibly disingenuous.
Lots of us have minimal problems with trespassers with minimal fuss or risk and have tried to give the OP some advice on what works for us while some of the most vocal for extreme actions have identified they have lots of trespass problems. Personally I have found that going out and confronting folks in a friendly but firm way is about 90 percent effective and I have gone out of my way to know all the land owners around me and we all watch out for each other. But booby traps, being confrontational with your neighbors, threatening signs, and shooting near trespassers or confronting them with weapons as has been advised probably works too. The OP can chose which of those examples (or some combination of them) they wish to pursue which is the real benefit of a site like this.
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