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Thread: Hunting ditches

  1. #11

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    Yes you are 100 percent correct. My post said a couple years back the law stated the bird had to have originated from the right of way. Not the way it stands currently. I believe it was worded that way one year only. Before that it was pretty much written exactly the way it is today. If I can find the old South Dakota hunting guide for that year I'll look it up to see exactly how it was worded then. The bottom line is don't take for granted the way it was written last year is going to be the same year after year. Know the law and the rules and regulations before you go into the field.

  2. #12

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    This is from the 2016 South Dakota Small Game Handbook
    Hunters*can*take*only*small*game*(exceptmourning*d oves)*and*waterfowl*within*therights-of-way*on*foot.*The*hunter*must*bewithin*the*rights-of-way*and*the*game*musthave*taken*ight*from*within* or*be*ying*overthe*rights-of-way.

    *The*person*must*park*or*stop*their*vehicle

    as*far*to*the*right-hand*side*of*the*road*as

    possible.

    *If*the*person*who*discharges*a*rearm*is*moretha n*50*yards*from*the*vehicle,*the*doors*on*the

    side*of*the*vehicle*nearest*the*roadway*must

    be*closed,*but*the*engine*may*remain*running.*If* the*person*who*discharges*a*rearm*is*lessthan*50* yards*from*the*vehicle,*all*of*the*doors

    of*the*vehicle*must*be*closed*and*the*engineshall* be*turned*off.*It*is*NOT*legal*to*shoot*small*gam e*and

    waterfowl*that*takes*ight*from*rights-of-way

    over*a*Federal*Refuge*or*Tribal*lands.*If*a

    state-licensed*hunter*shoots*at*a*bird*acrossthe*fence*o n*either*of*these*lands,*the*hunter

    may*be*subject*to*federal*arrest.*Small*game*and* waterfowl*taken*from*the

    rights-of-way*but*falling*onto*private*property

    can*be*retrieved*by*unarmed*hunters*on*foot.

  3. #13
    Join Date
    Sep 2014
    Location
    South Dakota
    Posts
    277

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    To sum it up. If the bird gets up within the right of way. Shoot at as long as you want. Whether it's flying over the road right of way or private land. If it takes flight from private land you can only shoot if it flys over the right of way and only while it is over it. And never shoot over refuge or tribal lands.

  4. #14
    Join Date
    Sep 2018
    Posts
    3

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    Are you sure they pay tax on the right away? Here in Iowa you own to the middle of the road (gross acres) but you are assessed on the net acres which subtracts out the right-a-way.

  5. #15
    Join Date
    Mar 2009
    Location
    Tennessee
    Posts
    250

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    Yes landowners own to the middle of the right away and pay property taxes on the ditch

  6. #16
    Join Date
    Jun 2010
    Posts
    2,283

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    damn, i hope my dog doesn't get a ticket! going to have a talk with that boy!

  7. #17
    Join Date
    Oct 2016
    Location
    Sioux Falls, SD
    Posts
    844

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    Learning stuff here. So the landowner owns to the middle of the road? And the Right-of-Way is basically a public easement? Does that make it Public Property? The Hunting Handbook SEEMS to call the right-of-way public land. In the diagram, it calls land outside the right-of-way Private Property. The regs regarding hunting rights-of-way are pretty clear to me. Just trying to understand the reality of it all. Way different than in town, where we're responsible for the "boulevard" & sidewalk, but the property line is typically about a foot inside the sidewalk.
    "Most pheasants in South Dakota don't react too well to #5s." -The Hunt for Red Rooster

  8. #18
    Join Date
    Jun 2010
    Posts
    2,283

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    Quote Originally Posted by 519vx View Post
    From page 38 of the 2018 South Dakota Hunting Handbook:

    "...Hunters can take only small game (except mourning doves)and waterfowl within the rights of way on foot. The hunter must be within the rights of way and the game must originate from the rights of way or be flying over the rights of way."

    "...Small game and waterfowl taken from the right of way but falling onto private property can be retrieved by unarmed hunters on foot".


    That said, I do agree it is a bit vague, and may be purposely written that way. It is clear that the intent is that you and your dog must be only in the right away when hunting.


    "...Hunters can take only small game (except mourning doves)and waterfowl within the rights of way on foot. The hunter must be within the rights of way and the game must originate from the rights of way or be flying over the rights of way."


    this leaves it wide open......birds in the ditch, leaving the ditch or flying over the ditch......many scenarios open to question...obviously if your dog gets out of the ditch and puts up a bird in the adjacent field, i would not attempt to take that bird....as he did not originate (at first sight) from the ditch. but i can imagine lots of differing opinions on this, based on some individual scenarios of bird flight and contact........how do you ensure a bird and shot arrive over the ditch at the same moment?........this is crazy.

    best case, seems to me, is hunting remote ditches, far away from any houses, livestock or posted areas.....no sense challenging any landowner over the rules by hunting under his nose......use common sense.

  9. #19
    Join Date
    Feb 2011
    Location
    South Dakota
    Posts
    1,203

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    The way it actually works is if you walk the ditch and a bird gets up within shotgun range it is likely to get shot at and the dog will quite likely be what got it up. it is tough to enforce.

  10. #20
    Join Date
    Apr 2008
    Location
    Minnesota
    Posts
    6,668

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    As for ownership,Not true. I am a land owner and I do not own my ditch. I do not pay tax on the easment, nor does hardly anyone. County roads are county property. Township roads are fair game as well if they are not paying the tax, which most dont. Land owners do not own to the center of all roads LOL. That is a myth
    http://www.bluerivergundogs.com/Home_Page.html

    When you think you are smarter than your dog, ask your self who cleans up who's poo.

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