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  #21  
Old 09/21/04, 09:30 AM
 
Join Date: Jul 2003
Posts: 335
Quote:
Originally Posted by rambler
Hum. So the hunter climbs over your fence gate, slips in the dew, & falls on his arrow.

There are a lot of lawyers willing to represent him - that your gate caused the accident. Thus it's not a hunting accident, it's a liability issue.....

I donno. Seems like an issue to me.

--->Paul
Jena you must remember the LAST thing these lawyers want is to stand before a jury and look like the ^$%#@# they really are. They want the out of court settlement. And don't think for a second that your homeowners insurance will go to court for YOU. They also like out of court settlements, thus you're left holding the bag and no other carrier will touch you. Then the mrotgage holder puts their super high $$ coverage onto your shoulders and soon you're bankrupt and looking for an apartment.

All because you opened the liability door to an irresponsible person. And believe me, the nicest of people become greedy when a lawyers shows up in their moment of pain and tells them how much $$$$ their injury is worth and they need to fork out zero up fornt to get it.
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  #22  
Old 09/21/04, 09:50 AM
bergere's Avatar
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Join Date: May 2002
Location: Now in Virginia
Posts: 8,277
If someone wants to go hunting,, and the ding bats do in this area... well,, lets just say, the neighbor hood knows I can reach all 4 corners of my property with my gun from my upper window. So no one bothers me any more, here.

Now, the new place... I will post the no hunting or trespassing signs,, and they too will learn to stay away from the crazy lady. My son and his friends should not have to worry about getting shot because of an irresponsible hunter,,, same goes with what few animals I have left.

Will start up with the Archery practice as soon as we can get bales of straw...
Anyway.. getting off topic.

I also carry a 1Million dollar umbrella policy to cover the house and land, if some fool stubs his/her toe on my land, even though they are not supposed to be trespassing. I will not loose my house over it. Does not cost much,, if I remember correctly $14.00 a month. Well, worth the peace of mind.

Also another tip I learned while living in New England where it is impossible to stay away from the hunters,, if you take walks or ride horses, even on the roads, wear nice loud bells. That will let them know you are out there.
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  #23  
Old 09/21/04, 11:17 AM
 
Join Date: May 2004
Location: Zone 9b, Lake Harney, Central FL
Posts: 4,898
I consideer my property a wild life refuge. Any hunter here would be a tresspasser and therfore would become the hunted. I think I'll give the critters weapons to make it more fair!
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  #24  
Old 09/21/04, 11:45 AM
 
Join Date: May 2002
Location: West River SD
Posts: 735
We say no to 99.9% of the people who ask. Right now we have a very responsible neighbor who hunts and we welcome him . The reasons for no are this. Relatives: It causes problems if you have lots of hunters from both sides of the family. "Why do HER relatives get to hunt and we don't?" Because there are too many of you, you litter, you mooch and your a jerk. But for the sake of peace we said no to all relatives after while. Actually more complicated than that but that's the gist of it. Strangers: Ah yes, give them permission one year and they think it is forever for them and their friends and relatives. Gave a guy permission one year and the next year without asking he and four buddies were back without a word to us until we heard shooting and confronted them. They lie. "I wounded a deer and it went on your place and I was just tracking it." Get nasty: "I've hunted here all my life and no one is going to stop me!" Wanna bet? Friends: They come out of the woodwork if you own propery. You never hear from them until just before hunting season but suddenly they are your best friend. I can't tell you how many times DH allowed a friend to hunt and they gave permission to other people. We never knew who was hunting on our place. Last year friends of his wanted to come & hunt deer. He said ok because he thought 1. they were going to stay in a camper. 2. they would help around the ranch when not hunting 3: They were staying their camper. WELL, we got a call.They decided they were going to pheasant hunt instead, they were bringing a BIL (never met him). And then a letter - two guys were staying in the house and BIL & now sister too in camper in yard, I was going to cook and they were bringing dogs (our dog hates other dogs). It didn't happen because of some health problems they had but we told them we had other people this year.This isn't a hunting camp.

Having said all that we do let selective people hunt but don't say that when people ask. It's easier just to say "no hunting"

Last edited by Barb; 09/21/04 at 11:51 AM.
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  #25  
Old 09/21/04, 12:02 PM
 
Join Date: May 2002
Posts: 678
R.H., I'm sorry you are having so much trouble finding a place to hunt. As a Texas landowner, let me give you another perspective.

Because Texas is about 90% plus privately owned, there aren't many areas that a person can hunt for free. Leasing is a way of life for hunters - you want to hunt and you don't own land, you have to find a lease. Competition for these leases is pretty high - prices are becoming ridiculous. Especially when high fence trophy hunting is getting pretty common. That is, wrapping your property in very high game fence, stock the ranch with 'test tube' trophy deer and sell them to the highest bidder. A couple of years ago, the base price was $1000 for an eight point (eastern count) with 16" spread. Each additional inch of spread cost $400. Each additional point was $400. And this was five years ago - don't know where it is now.

My uncles decided to go high fence this past year - my brother and I opted out, because we don't consider it 'fair chase'. The family is pretty ticked off, but so what - they don't hunt, they are in it for the money. My brother and I would rather hunt wild deer ourselves - just a different perspective.

Around this time of year, people who know I own a small ranch become pretty familiar around me, telling me how much they would appreciate a deer hunt or two. I refuse, because of the experience of my uncle.

He would allow some of his friends to hunt, which started pretty innocently enough - couple friends going into the woods. Then other friends heard about the hunt and felt 'hurt' that they hadn't been invited so he invited them so placate them. This snowballed into about a 12 people list, which at first started with "May I hunt your place?", to "Lets go hunt your place.", to 'When are we going to hunt at your place?". He became exhausted, having to play host every weekend, and finally had to quit hunting due to an unrelated illness.

His friends, however, were still showing up to hunt. It got to be a real PITA to play host to them, and finally, I got frustrated and told my uncle that unless he was willing to come play host, his friends weren't welcome anymore.

They took it pretty well, but I'm afraid there were a few hard feelings. For that reason, I won't invite any friends / coworkers or even my bosses (who LOVEto hunt - I'm afraid I will be roped into a similar situation.
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  #26  
Old 09/21/04, 12:09 PM
 
Join Date: Sep 2003
Location: Oklahoma
Posts: 936
I bought my 17acres so that I would have a place to hunt. Since I don't live there full time I can't be sure that no one else hunts on my place, but the only one who has permission to hunt there is my neighbor. After that, I decide. Anyone that doesn't like it... too bad!
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  #27  
Old 09/21/04, 01:16 PM
dla dla is offline
 
Join Date: Jun 2004
Location: Damascus, Maryland
Posts: 356
"R.H., I'm sorry you are having so much trouble finding a place to hunt. As a Texas landowner, let me give you another perspective.

Because Texas is about 90% plus privately owned, there aren't many areas that a person can hunt for free. Leasing is a way of life for hunters - you want to hunt and you don't own land, you have to find a lease. Competition for these leases is pretty high - prices are becoming ridiculous. Especially when high fence trophy hunting is getting pretty common. That is, wrapping your property in very high game fence, stock the ranch with 'test tube' trophy deer and sell them to the highest bidder. A couple of years ago, the base price was $1000 for an eight point (eastern count) with 16" spread. Each additional inch of spread cost $400. Each additional point was $400. And this was five years ago - don't know where it is now."

Oh my gosh, for $1000 you could fly to Maryland where for crying out loud deer are like Norway Rats and volunteer to hunt for the Park Service or the Farmers who are getting wonderful CORN_FED (guess whose corn) deer everywhere.

My neighbor shot fourteen deer (on my property without permission and even out of season and on Sundays) :no: last year.

My children attend a school with only 250 students, and we had three students hospitalized with Lyme disease - one so sick he was removed from school for the year.

Please, please come to Maryland and shoot deer!

(The park service ought to have a sign-up list)
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  #28  
Old 09/21/04, 01:16 PM
 
Join Date: Dec 2002
Posts: 4,624
If you ask, I'll say no. If you come on without asking, I'll call the law.
It's my place, and I don't want hunting.
mary
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  #29  
Old 09/21/04, 02:30 PM
Oilpatch197's Avatar
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Join Date: Apr 2004
Location: SouthEastern Illinois
Posts: 700
Where I live (southern Illinois) there is alot of property that people up in Chicago own, they are only down here during Hunting season, so you can pretty much Tresspass all you want(and do) I'm a hiker, I like checking out natural rock formations, if I got to hike 3 miles just to get around 5 acres of your "off limits" land, I'll just walk thru your property!
I'll be long gone before the Cops get there.

BTW I see nothing wrong with hikers and such, they don't hurt the land, it's these people who drive Dirt Bikes and ATV's and love getting off the Trail and making their OWN trails I got probs with, once a trail gets established, you'll never get rid of it.

again, unless it's Hunting season, No Trespassing signs means Sh*t, you can call the cops but I'll be long gone before he gets there.
I'm sorry, if your that SELFISH with Mother nature, where you got to keep everyone off your land all year round, just so you can hunt it for 3 days for that "trophy buck" I'm sorry, but I just don't see it.

When I go on land I shouldn't be on, I avoid buildings and houses and structures, I'll usually follow a fence row, and you dont' like it, TOO BAD, if you can't let me cross your land in a non threatening way.

Last edited by Oilpatch197; 09/21/04 at 02:32 PM.
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  #30  
Old 09/21/04, 03:13 PM
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Join Date: Oct 2002
Posts: 3,143
Now Oilpatch, bless my soul that's an attitude that is just downright inconsiderate of a property owners rights.

I would think that an attitude such as yours might convince a property owner that calling the police would simply be of no avail. In fact, such a hostile attitude might make a body fear for their life and take action based on that fear. All because you aren't willing to respect someones property rights.

Such a shame.

Mike
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  #31  
Old 09/21/04, 04:05 PM
 
Join Date: May 2002
Posts: 441
ROFL, Mike . . . you've been hanging out on Countryside Families.

Bless your heart, Oilpatch, I think you're a closet communist.

Seriously, it's not a question of selfishness, but, rather, responsibility and safety. Responsibility in terms of making sure that your lands aren't over-hunted and making sure that the people who do hunt there are respectful of the land and my things. Safety in terms of making sure that hunters don't shoot at everything that doesn't move out of the way fast enough, dogs, horses and cows included as well as children. :no:

The reality is, Oilpatch, that hunting on private property is not a right (unless you're the owner). I sincerely hope you stay in Illinois. In God's Country (a/k/a North Carolina), landowners are liable to shoot first and ask questions later.
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  #32  
Old 09/21/04, 04:19 PM
bergere's Avatar
Just living Life
 
Join Date: May 2002
Location: Now in Virginia
Posts: 8,277
Julie,, that is sooo the true about North Carolina,, my Dad and his family are from the Green Mountain area (Yancy County). Appalachian mountain people are great hunters,, but they do not tolerate Trespassers. My Dad has told me many a tale, of what they did to trespassers/hunters that shot at anything moving,, and walking on land they had no right to be on.
Just wish we could do that here. Sigh ~ ~

Oilpatch,,, If you do not pay my Mortgage, all my Taxes, Insurance and guarantee 100% some fool hunter is not going to shoot my son and his friends, or the rest of my family and my animals..., point blank, you do not belong on my land.
I had to many close calls in NH, thank you very much and choose not to repeat it.
If the whole world was responsible, polite, and honored their word that would be one thing. However many, many folks are none of these and they are the ones that cause the problems.
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Last edited by bergere; 09/21/04 at 04:40 PM.
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  #33  
Old 09/21/04, 04:33 PM
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Join Date: Oct 2002
Posts: 3,143
It goes beyond hunting. If DW and I choose to skinny dip in our lake (just giving an example, don't get excited now) I don't want to have to consider that some hiker is invading our privacy. There are plenty of public lands (that's why they call them public!) to hike on.

We have it posted because it is private. We expect people to respect our property rights just as we respect others. We scrimped and saved to buy our property so that we would have privacy. That means the right to be left alone if we choose and the right to choose whom we invite on our property.

Oilpatch' attitude means that he places his personal wants over the rights of property owners. While I admit his attitude is more honest than TedH71 and his hunting dogs, I would still deal with Oilpatch as a 2 legged varmint. I'm sure he would be upset if I decided to come wandering through his house whenever I want (regardless of whether he posts it or not). There is no difference. Sometimes I sleep in one spot on the property, sometimes another. Sometimes I have my meal in one spot and sometimes another. This property is my abode and I (and DW of course) choose whom I share it with.

Mike
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  #34  
Old 09/21/04, 05:51 PM
 
Join Date: Nov 2003
Location: VA
Posts: 223
Quote:
Originally Posted by Oilpatch197
Where I live (southern Illinois) there is alot of property that people up in Chicago own, they are only down here during Hunting season, so you can pretty much Tresspass all you want(and do) I'm a hiker, I like checking out natural rock formations, if I got to hike 3 miles just to get around 5 acres of your "off limits" land, I'll just walk thru your property!
I'll be long gone before the Cops get there.

BTW I see nothing wrong with hikers and such, they don't hurt the land, it's these people who drive Dirt Bikes and ATV's and love getting off the Trail and making their OWN trails I got probs with, once a trail gets established, you'll never get rid of it.

again, unless it's Hunting season, No Trespassing signs means Sh*t, you can call the cops but I'll be long gone before he gets there.
I'm sorry, if your that SELFISH with Mother nature, where you got to keep everyone off your land all year round, just so you can hunt it for 3 days for that "trophy buck" I'm sorry, but I just don't see it.

When I go on land I shouldn't be on, I avoid buildings and houses and structures, I'll usually follow a fence row, and you dont' like it, TOO BAD, if you can't let me cross your land in a non threatening way.
Oh, Oilpatch, you ought to be so grateful that you don't hike around our neck of the woods!

We shoot first and ask questions later.

There are some nice wild dogs in the woods behind us and a wild cat or two that makes off with some livestock once in a while. I suppose if anybody got shot back there there wouldn't be enough to identify once the critters got through with them.

And it isn't being selfish with 'mother nature'. I dont own any mother nature. That's some cockamamy name for some godess that these druids or some such, ect used to worship.

No, we own our land, or we are in the process of owning it. You want 'mother nature'? I would suggest that you hike your sorry rear end down to the FL keys during hurricane season or someplace like alligator alley and get a real taste of nature and leave honest hardworking homesteaders alone.

Real hikers by the way, are respectful of other people's properties and they buy maps of hiking trails, with established hiking trails marked out.

What you sound like is someone my grandmother would qualify as a hobo or tramp. They have no respect for anybody elses property because they aren't enclined to be tied down by responsibility. They don't work unless absolutely necessary and expect that those that work for their livelihood should just fork over something because they are 'entitled'.

As for the law, you will find that many of us live in areas where the law is grandfathered in, so to speak. If grandfather sees somebody on the back of his land and the cows are getting spooked or there is something back there that is moving and shouldn't grandfather takes his shotgun, shouts, "stop or i'll shoot" and if it moves it must not be civilised therefore it is dinner. BLAM!


See, we expect that 'ANIMALS' can't read 'no tresspassing' signs. Those that are on our property without permission are up to no good. So either way, we have a reason to shoot first and if it's still alive and can talk we might ask it questions later.

Sorry if that sounds unsociable like, but I do come by it natural.
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  #35  
Old 09/21/04, 06:04 PM
 
Join Date: Aug 2004
Posts: 11
My late father and I leased a ranch for our cattle with the understanding that there would be no hunting allowed. My father signed the lease and didn't make sure that the no hunting clause was in it. He was used to a man's word being worth something. Come hunting season the landowner had hunters all over the land. One (and I don't know which one) shot one of our cows because it was hooking the hanging deer feeder and dumping the corn so she could eat it. I informed the hunting camp that if that if I was not paid for the cow by the end of the day that come dawn one of the many deer blinds was going to be perforated with a few 308 holes but I didn't know which one or who would do it. I also informed them that if another cow was shot more deer blinds would be perforated. They got real upset and threatened to call the law. I told them that I chose my words carefully and taped what I told them and I would have a real solid alibi. By the end of the day the landowner had an envelope for me with the payment for the cow and I did not have anotherone shot that season. The next year the landowner had trouble finding anyone to hunt the ranch. I had a three year lease and was glad when it was done.
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  #36  
Old 09/21/04, 06:42 PM
 
Join Date: Aug 2003
Posts: 2,395
Under this statute, they CANNOT sue you. There is no liability on the part of the landowner.

It's not up to the lawyers, or my insurance, or anything but state law.

Liability, under a recreational land use law, is a non-issue.

Jena
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  #37  
Old 09/21/04, 07:24 PM
 
Join Date: Jan 2004
Location: MN
Posts: 7,609
Quote:
Originally Posted by Jena
Under this statute, they CANNOT sue you. There is no liability on the part of the landowner.

It's not up to the lawyers, or my insurance, or anything but state law.

Liability, under a recreational land use law, is a non-issue.

Jena

Jena, they can _ALWAYS_ sue you. Always, always, always. Aside from the case mentioned in the web sites below, I wonder how many unsuccessful test cases were tried first? Wonder how much that cost the landowners, even tho they won?


http://www.farmdoc.uiuc.edu/legal/ot...aw_table4.html

http://www.illinoistrialpractice.com...er_this_d.html

http://archives.lincolndailynews.com...alreview.shtml

You may want to visit these fairly receint legal issues & rethink your view of the Illinois law. In the USA one can be sued for anything at any time, and you will incur legal costs. While the state law was a wonderful thing in my view, as this receint case shows, a sharp lawyer going after enough money can find ways around such law - either you will be held liable anyhow, or at the least have to pay a lot of legal fees to defend yourself.

The Illinois law is a good defense, sure helps landowners some, but it does _not_ provide what you are claiming. Not by a long shot.

Said one proffesor on one of the web sites above: ...said A. Bryan Endres, an assistant professor of agricultural law in the Department of Agricultural and Consumer Economics. "They must either open their land to everyone or deny access to everyone."

--->Paul
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  #38  
Old 09/21/04, 07:59 PM
 
Join Date: Dec 2002
Posts: 1,754
Quote:
Originally Posted by Jena
Under this statute, they CANNOT sue you. There is no liability on the part of the landowner.

It's not up to the lawyers, or my insurance, or anything but state law.

Liability, under a recreational land use law, is a non-issue.

Jena
Jena

Rambler is dead on the money!!!!! They are going to adress this in the fall sesion so you need to get ahold of Bill Black and make your opinion heard!!! The thing that is bad was the case that got to the supreme court was a person living in town that had a bobsled run in there back yard :no: That was not the people that the law was set up to help, but they worded it wrong, there are going to be a lot of unhappy bowhunters in Ill. come the first of the month :waa:
Mr Wanda
Mike
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  #39  
Old 09/21/04, 08:02 PM
 
Join Date: Jul 2002
Location: Winslow, Arkansas
Posts: 505
SSS-Shoot, Shovel, Shut up!!! I'm busting my hump to pay for my 40 acres, and __I__ and NO ONE else decides who hunts or not... I have one or two select friends that are allowed to hunt, IF they want to, other than that, you are trespassing, and will be dealt with by the crazy lady that lives all alone in the woods..........
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  #40  
Old 09/21/04, 08:02 PM
 
Join Date: Jul 2002
Location: Winslow, Arkansas
Posts: 505
SSS-Shoot, Shovel, Shut up!!! I'm busting my hump to pay for my 40 acres, and __I__ and NO ONE else decides who hunts or not... I have one or two select friends that are allowed to hunt, IF they want to, other than that, you are trespassing, and will be dealt with by the crazy lady that lives all alone in the woods..........
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