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Thread: Trespass law

  1. #41

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    Quote Originally Posted by McFarmer View Post
    Alright, seems I am transferring my Iowa experience to North Dakota and that is not appropriate here. The farming forum I participate in had a discussion and it seems many like the way it is. Or, if they don’t like it the way it is now they don’t think the bill will correct the issues they have with current law.

    A few thoughts from the members:

    “What was initiated by the DAPL protests as a need to re-write our private property trespassing laws has now been spun into a big bill that is primarily focused on hunting access. Being a land owner and a hunter I have concerns about this bill.”


    “I live in a prime waterfowl migration area where we get lots of non resident hunters every year. There's a lot of respectful hunters that come here, but also a bunch of guys who think it's the wild west and our trespass/hunting laws (waterfowl hunters are allowed to drive off trail) give them the right to do whatever they want. We have a lot of trouble with hunters driving off trail and tearing up fields, leaving ruts, etc.”

    “This bill in ND does nothing to stiffen up penalties for trespassing, which in the past has been a big problem with our current laws. Without consequences slob trespassers and hunters will continue on like slobs.”

    “If it isn't obvious already, i'm not in favor of this bill being passed. I don't think it addresses any of the real issues we need to fix and it's only going to drive more of a wedge between land owners and non land owning hunters (something we already have a problem with in this state).”

    “I've been told by a pretty reputable source that one of the main representatives pushing this bill along happens to be a landowner that is in cahoots with a hunting outfitter and leases his land to said outfitter. Coincidence that he's trying to create tougher land access for hunters?”

    “Rutted up fields, rutted up roads, trash being left in piles by fields, broken/damaged decoys being left in fields, holes dug in fields so hunters could lay flatter?, walking in fields with swathed canola (canola growers would know how bad that is), hunting guides posting my land without talking to me, leaving vehicles on road while they walk the slough next to the road - and I need to get buy with farm equipment.”


    “I have had my No Hunting signs taken down by deer hunters. Frustrating.

    I have waterfowl hunters tell me that muddy fields are no problem to them because they have four wheel drive in their vehicles.

    I gave up posting except this past year I put up some hunting signs I got that said "walking hunters welcome" put up near a good area for waterfowl hunting. I got a pile of cheese from a Wisconsin hunter telling how much he appreciated the land being marked to welcome hunters (walking only) since he has seen so many posted areas.”

    “Actually, having it posted doesn't make much difference. I learned a long time ago apparently no one in MN or Wisconsin can read, or at least they sure as hell can't see the no trespassing signs.”

    “ Have had duck hunters drive through soft fields and “it doesn’t matter because your going to work the field anyways”. Good thing I practice no till buddy.

    I have no problem with the guys that ask, they are usually hunting like it should be done imo and putting in the time.”

    “I'm grateful we have all "good" hunters. We don't post our land and every Hunter still asks. They've all been courteous and respectful”


    So I guess maybe I’m more wrong than right in my thinking, just not the way it’s done here. That certainly doesn’t mean what N.D. has isn’t the way it should be for them.

    So I guess I’ll just stay out of it.
    Very insightful and thought provoking. Farther west with 6 drops of rain you can't navigate many of the secondary roads, yet alone think of driving off road. That said laws are sometimes made because of one jerk who abuses the system and everyone else pays for it. Walk in only signs sounds wonderful, I hope that works out well. As a side note I have a gas line easement on my property that the locals use as trail to ski and snow machine on. Last summer some knucklehead took an ATV off the trail, down my driveway to the pond by my house and started doing waterwork with his dogs and a shotgun next to my house. Still don't want to post it, but hope the barricades I put up deter further actions like that.

  2. #42
    Join Date
    Aug 2012
    Posts
    111

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    Quote Originally Posted by McFarmer View Post
    Alright, seems I am transferring my Iowa experience to North Dakota and that is not appropriate here. The farming forum I participate in had a discussion and it seems many like the way it is. Or, if they don’t like it the way it is now they don’t think the bill will correct the issues they have with current law.

    A few thoughts from the members:

    “What was initiated by the DAPL protests as a need to re-write our private property trespassing laws has now been spun into a big bill that is primarily focused on hunting access. Being a land owner and a hunter I have concerns about this bill.”


    “I live in a prime waterfowl migration area where we get lots of non resident hunters every year. There's a lot of respectful hunters that come here, but also a bunch of guys who think it's the wild west and our trespass/hunting laws (waterfowl hunters are allowed to drive off trail) give them the right to do whatever they want. We have a lot of trouble with hunters driving off trail and tearing up fields, leaving ruts, etc.”

    “This bill in ND does nothing to stiffen up penalties for trespassing, which in the past has been a big problem with our current laws. Without consequences slob trespassers and hunters will continue on like slobs.”

    “If it isn't obvious already, i'm not in favor of this bill being passed. I don't think it addresses any of the real issues we need to fix and it's only going to drive more of a wedge between land owners and non land owning hunters (something we already have a problem with in this state).”

    “I've been told by a pretty reputable source that one of the main representatives pushing this bill along happens to be a landowner that is in cahoots with a hunting outfitter and leases his land to said outfitter. Coincidence that he's trying to create tougher land access for hunters?”

    “Rutted up fields, rutted up roads, trash being left in piles by fields, broken/damaged decoys being left in fields, holes dug in fields so hunters could lay flatter?, walking in fields with swathed canola (canola growers would know how bad that is), hunting guides posting my land without talking to me, leaving vehicles on road while they walk the slough next to the road - and I need to get buy with farm equipment.”


    “I have had my No Hunting signs taken down by deer hunters. Frustrating.

    I have waterfowl hunters tell me that muddy fields are no problem to them because they have four wheel drive in their vehicles.

    I gave up posting except this past year I put up some hunting signs I got that said "walking hunters welcome" put up near a good area for waterfowl hunting. I got a pile of cheese from a Wisconsin hunter telling how much he appreciated the land being marked to welcome hunters (walking only) since he has seen so many posted areas.”

    “Actually, having it posted doesn't make much difference. I learned a long time ago apparently no one in MN or Wisconsin can read, or at least they sure as hell can't see the no trespassing signs.”

    “ Have had duck hunters drive through soft fields and “it doesn’t matter because your going to work the field anyways”. Good thing I practice no till buddy.

    I have no problem with the guys that ask, they are usually hunting like it should be done imo and putting in the time.”

    “I'm grateful we have all "good" hunters. We don't post our land and every Hunter still asks. They've all been courteous and respectful”


    So I guess maybe I’m more wrong than right in my thinking, just not the way it’s done here. That certainly doesn’t mean what N.D. has isn’t the way it should be for them.

    So I guess I’ll just stay out of it.
    It takes a lot of consideration to rethink ones position. Commendable.

  3. #43
    Join Date
    Jun 2014
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    372

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    Quote Originally Posted by s.davis View Post
    It takes a lot of consideration to rethink ones position. Commendable.
    I’ve been married over forty years. I’ve learned to say I’m wrong.

  4. #44
    Join Date
    Nov 2015
    Location
    SW NoDak
    Posts
    218

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    On Friday the House Ag committee gave a DO PASS recommendation to an AMENDED version of SB2315. The version that came out of the Senate wasn't a perfect bill, but it had the foundation for possible success. The version passed by the House Ag Committee carries a 100% posted provision whereby all private lands would be closed to entry without permission. It is a serious threat to hunting and fishing in North Dakota.

    A summary from John Bradley of ND Wildlife Federation is attached, along with a copy of the amended version. It's not an easy read and portions appear redundant. One of the problematic areas is on page 7, lines 14-24. Basically it declares that permission is required to enter private land for any reason.

    The second area of trouble is on the last page. It states that if the interim committee doesn't come up with a plan by 2020, everything will be posted ANYWAY. This means that if an agreement isn't reached, (meaning the sportsmen give in) the law would automatically become "Everything is posted". In essence, the members of the committee can easily steer the process the get their ultimate goal.

    Please contact your House Reps and ask them to vote NO on SB2315 as amended by the House Ag Committee. The committee is to blame for undermining the efforts of many people who have worked countless hours this bill.

    A total trespass law would be a devastating blow to ND's outdoor heritage and the small towns who rely on its' almost $1billion annual economic impact.

    If this bill passes the House, it will go a conference committee where select members of the House and Senate will try to work out the differences. Unfortunately, there is no guarantee that sportsmen will get fair representation on this committee, as we have not received it anywhere else in the process. We've been ignored since this bill was first presented in the Senate.

    The movement to kill SB2315 in the House came after many conversations with legislators, sportsmen, wildlife clubs, wildlife professionals, and average sportsmen. It is the best decision for sportsmen right now, even though it likely means we will have to work on this issue again in the next legislative session.

    Please, right now, contact your House reps and ask them to vote NO on SB2315 when it comes to House floor. The vote will take place early this week, so don't delay.

    Remember to include your name, address, and phone# on all messages to Legislators.

    As always, I take responsibility for the contents of this email.

    Mark Mazaheri
    2709 N. 10th St
    Fargo

  5. #45
    Join Date
    Nov 2013
    Location
    Monroe Georgia
    Posts
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    I cross posted your post on upland journal but it seems no one cares or they just don’t understand

    It’s disappointing North Dakota was a great destination for guys like me that are 1500 miles away and find it very hard to find land owners

    Few people answer cell numbers they don’t recognize

    The 80s, 90’s were really great

    Ethanol ruined a lot of great habitat

  6. #46

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    I hunt with a guy who sends out dozens and dozens--hundreds, really-- of letters to ND landowners in the spring asking for permission...he gets about a 5% response...he typically has about 25,000 acres of private land we can hunt...he is there about a month, I just hunt about 4-5 days with them...but I am certain that they don't hunt 20,000 acres of the land...not saying it is all good, it may be cropland, but there is always a certain amount of habitat per farm/ranch...he does some phone calling as well, but it is basically just mass marketing, no different than any other business or charity, etc...

  7. #47
    Join Date
    Apr 2014
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    NoDak
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    The bill is now dead. It was a very close vote, defeated by 4 votes.

    Thanks all for your help in killing this bill, without you folks, we'd have a mess on our hands here.

    Thanks again!

    Greg
    Gregory J. Westberg
    MSG, USA
    Ret

  8. #48
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    Jan 2016
    Location
    Indiana
    Posts
    43

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    Quote Originally Posted by gjw View Post
    The bill is now dead. It was a very close vote, defeated by 4 votes.

    Thanks all for your help in killing this bill, without you folks, we'd have a mess on our hands here.

    Thanks again!

    Greg
    So, just to confirm because it's been confusing to follow....Nothing changed and you can still hunt land if it's not posted?

  9. #49
    Join Date
    Apr 2014
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    NoDak
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    Quote Originally Posted by HS Strut View Post
    So, just to confirm because it's been confusing to follow....Nothing changed and you can still hunt land if it's not posted?
    That's correct. The law stays the same as it has been for years.
    Gregory J. Westberg
    MSG, USA
    Ret

  10. #50
    Join Date
    Nov 2011
    Location
    Cologne, MN
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    Thanks for letting us know. Love hunting in your beautiful state.

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