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Author Topic: Ever denied permission to retrieve an animal?  (Read 872 times)

Offline Friend

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Re: Ever denied permission to retrieve an animal?
« Reply #20 on: September 26, 2011, 08:59:00 AM »
No, I have not actually had it happen to me.

Did arrow a buck that crossed onto another land owner's property of which I had been unable to gain permission to hunt...knocked on his door and explained the dilemma and he immediately went with me on an hour search at night to find the buck. He then went walked ~1/4" mi back to the barn to retrieve the mule. Must have taken a couple of hours in all. He was cordial, generous, quite helpful and great company the whole time.

I was still never able to secure permission after sending him a thank you letter and then sending him correspondences thru out the next year in hope of hunting there the following season. The effort was well worth it since I retrieved my buck and made a genuine friend.
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Offline Cyclic-Rivers

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Re: Ever denied permission to retrieve an animal?
« Reply #21 on: September 26, 2011, 09:47:00 AM »
Unfortunately, like with everything a few people spoil things for everybody.
Relax,

You'll live longer!

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Online MnFn

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Re: Ever denied permission to retrieve an animal?
« Reply #22 on: September 26, 2011, 09:55:00 AM »
Cowpie, I have had the almost exact scenario you described.  There is state land behind my neighbors land that borders mine.

He shot a deer that ended up on my land.  If I did not let him retrieve the deer he would have to drag the deer about three quarters of a mile through the swamp to get it out.

Altho it ruined my hunting in that section and it was the last day of the season, I think it was the right thing to do. You reap what you sow. Who knows what favor I may need down the road?
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Offline huskyarcher

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Re: Ever denied permission to retrieve an animal?
« Reply #23 on: September 26, 2011, 10:46:00 AM »
I have never had this happen, but i can tell you for a fact, that permision or not, i WOULD get my deer. Leaving it to rot is most definatley the bigger sin in my eyes.
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Offline Zradix

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Re: Ever denied permission to retrieve an animal?
« Reply #24 on: September 26, 2011, 10:53:00 AM »
I've been told no...twice. By to separate people.
Not much you can do.
If some animals are good at hunting and others are suitable for hunting, then the Gods must clearly smile on hunting.~Aristotle

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Offline Jedimaster

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Re: Ever denied permission to retrieve an animal?
« Reply #25 on: September 26, 2011, 11:20:00 AM »
Thankfully I've not come across a situation where I needed to ask permission yet.  A couple of times I had to cross property boundaries but had a relationship with the owners which allowed me to do so.  
I have had hunters cross onto my property looking for a deer without first asking permission and they were highly suspect, and much unappreciated.  For the life of me though, I can't understand not giving permission to a guy that asks.  
Like was mentioned previously, I've had my share of fence hunters but thankfully I haven't had them shoot anything (at least that I'm aware of) ... but I will go WAY out of my way to make sure a fence hunter is dissatisfied with his choice of stand location. I figure I would do what my grandad did once - retrieve it for them and allow them to pick it up at my house - where a 1st class scolding will be waiting.
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Offline RC

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Re: Ever denied permission to retrieve an animal?
« Reply #26 on: September 26, 2011, 11:23:00 AM »
I have a good relationship with the flks surrounding the small tract of private land I can hunt. On the Public land I hunt I usually go deep and it had never been an issue.
  The biggest problem around my house here is the fellas hunting gobbling turkeys on my side of the line.RC

Offline jamesh76

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Re: Ever denied permission to retrieve an animal?
« Reply #27 on: September 26, 2011, 11:32:00 AM »
I am not sure how current this is but this is most states on the subject. I posted Kansas because that is where I live.

   http://www.enotes.com/everyday-law-encyclopedia/trespassing      


  http://realestate.findlaw.com/trespassing/select-state-laws-on-trespassing.html  


KANSAS: Trespassing is permitted by licensed hunters in order to pursue a wounded game bird or animal, except that if the owner of the land instructs the hunter to leave, the hunter must leave immediately. Any person who fails to leave such land when instructed is subject to the provisions of the criminal trespass law.
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James Haney
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USMC Infantry 1996-2001
1st Marine Division
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Offline LeeBishop

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Re: Ever denied permission to retrieve an animal?
« Reply #28 on: September 26, 2011, 12:20:00 PM »
Quote
Originally posted by stevewills:
in indiana you cannot tresspass to retrieve game,if they so no sorry about you luck.if i catch someone tresspassing to retrieve a deer off to jail they go,but if they would make a 2 min.call id be glad to go back and help
Well, people don't go to jail for trespassing most of the time for the 1st instance.

In my state, Arkansas, you're not trespassing unless the trees are painted purple(posting) or there are signs posted around the perimeter. So, you're not trespassing until you're asked to leave and refuse if you cross over the property line where it's unmarked. If it's clearly marked then you're trespassing, but they aren't going to take you to jail for it for doing it once.

Offline LeeBishop

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Re: Ever denied permission to retrieve an animal?
« Reply #29 on: September 26, 2011, 12:52:00 PM »
Quote
Originally posted by huskyarcher:
I have never had this happen, but i can tell you for a fact, that permision or not, i WOULD get my deer. Leaving it to rot is most definatley the bigger sin in my eyes.
Exactly. Give me a ticket, cuss at me, I don't care. I'm getting my deer and I ALWAYS carry protection with me.

I won't let anyone tell me I can't claim my deer.

Wanton waste is illegal in Arkansas and I'm not going to let a deer sit out there and rot. I know it won't be entirely wasted because the fauna will consume it, but I'm going to get my deer.

Fortunately our main neighbor is the USDA National Forest. So, no permission required. The others are guys that own the land and don't really ever show up. They MIGHT hunt the property once every four years, but it's just wooded property.  Our neighbors on the other side of the river are ranchers and aren't a problem.

Offline danderson

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Re: Ever denied permission to retrieve an animal?
« Reply #30 on: September 26, 2011, 01:10:00 PM »
In mass, we have a right to recover law. Call the state and an EPO will escort you on the land. There was an article in the paper last year about a woman that didn't let some guy retrieve his deer to teach him a lesson??? Not sure why the Environmental Police weren't contacted
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Re: Ever denied permission to retrieve an animal?
« Reply #31 on: September 26, 2011, 01:33:00 PM »
We have a right to recover law in Iowa. The times that it becomes a problem is when the shotgun road hunters try to get on posted land claiming that a wounded deer ran on to the property, quite often they all want to go flush out the deer and just end up conning the land owner into letting them all on his property as an excuse to hunt it.  usually when the land owner asked them to show him the blood trail and that only one or two can go in with no guns they say 'never mind' and go on their way, because there was no wounded deer in the first place. I personally do not ask because the land owners would say yes anyway, but if see them out and about I tell them what i am going to be doing.

Offline Trad-Man

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Re: Ever denied permission to retrieve an animal?
« Reply #32 on: September 26, 2011, 02:13:00 PM »
Communication is vital.  Get to know your local police, conservation police, and obviously your neighbors.  You don't have to be best friends, but it is infinitly harder to say no to somebody you had coffee with than a voice over the phone.  Your goal is to establish a mutual understanding.  Remember...some day the neighbor is going to want/need access to your ground for one reason or another as well and they know it.

If your state dosen't have a right to recover provision look into "Wanton Waste" laws.  Some states take this very seriously.  These laws can be used to your advantage especially when the landower is just going to let the animal rot.

If the land owner says he dosen't want the animal the CO can collect it for you - wanton waste.  If the land owner says tey want the deer...then they have to aquire the proper paperwork.  Either way it is all on record.  If presented properly by the CO the landowner will help you get the deer off their property right now!

Persnally I have every neighbors telephone number in my cell, they have mine, and all vehical's and plate number on our lease.

In a worst case scenerio carefully applied pressure from law enforcement has a way of turning the tide on recovery related issues.  It is important to remember that nobody wants to end up in front of a judge, especially oversomething like a recovery issue.

It makes a land owner look REAL bad when they make the local newspaper over something that was easily resolved by being a decent neighbor.

Offline Jason R. Wesbrock

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Re: Ever denied permission to retrieve an animal?
« Reply #33 on: September 26, 2011, 05:13:00 PM »
I've never denied anyone permission to track an animal, but my general rule is you leave your weapon at the property line. If a person asks permission, I'll gladly help them track, recover, field dress, and drag out their animal. They can even use my cart if they need one. When it's all done, I'll shake their hand, congratulate them, and probably offer a bite to eat.

On the other hand, if someone decides to come on my land, get an attitude, tell me what he's going to do, and wave his gun in my face...I hope he finds his deer. By the time he drags it out, the game warden will be there to confiscate it and cite him for hunting without permission (that's what trespassing with a weapon gets you here), and the sheriff will be there to arrest him when I press charges for threatening me with a gun.

Be nice and ask, I'll do anything I can to help. Be a jerk, and your day is going to get a lot worse in a hurry.

Offline Rick Perry

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Re: Ever denied permission to retrieve an animal?
« Reply #34 on: September 26, 2011, 05:16:00 PM »
like someone said earlier ,in Illinois you dont HAVE to let anyone one your property to retrieve game ............... having said that and being a landowner myself I would never turn anyone down with a request to do so ,however I would most likely insist that I need to be present .


 One exception would be for the local outlaws that trespass and shoot from trucks and cars and such things ............ BUT they would never ask in the first place ........... but if I catch them I will press charges for trespassing ............. trust me ...... after 16 years they have earned it  .....   :bigsmyl:
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Offline stevewills

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Re: Ever denied permission to retrieve an animal?
« Reply #35 on: September 26, 2011, 05:35:00 PM »
in indiana you have to post a tree every 100 yds.and everyone has been warned,and everyone knows their property line.so it is criminal if they look for a deer without permission..c.o. told me this last year when someone had trail cameras out on my property,i took the cards and found them poaching a yearling doe..proceeded to smash all cameras and left a note saying this is you next time you tresspass...nothing was done to them...all anyone has to do is make a 2 minute call and ill help them anyway i can,but dont get caught doing it without my permission
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Offline LeeBishop

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Re: Ever denied permission to retrieve an animal?
« Reply #36 on: September 26, 2011, 05:39:00 PM »
Quote
Originally posted by Rick Perry:
like someone said earlier ,in Illinois you dont HAVE to let anyone one your property to retrieve game ............... having said that and being a landowner myself I would never turn anyone down with a request to do so ,however I would most likely insist that I need to be present .
I have escorted a handful of people off of my dad's place in the mountains. Most people are nice about it and seemingly mistakenly crossed an old downed wire fence on the property.

Here, a lot of forest land used to be farm land that was reclaimed. So, there are old wire fences in the forest. It happens. If they are tracking a deer (blood trail) then I will escort them and get the deer out with a 4 wheeler.

But you have to be careful in that part of the state because of some of the locals. There are some nefarious folks growing weed in the woods and there is sometimes need for making sure you can protect yourself.

Also there are tweakers hunting in the woods. One guy comes to mind that is a neighbor there. He's nuts and have to pay attention. Someone we know mistakenly turned down his drive and he ran out in the night naked running up to them with a gun worried about who it was. Nutty dude.

Just be civil.

I have been shot at when I was a kid on our own property. I don't know who it was, but it really made me mad.

Offline Todweelz

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Re: Ever denied permission to retrieve an animal?
« Reply #37 on: September 26, 2011, 05:51:00 PM »
First and only turkey I have pinwheeled, it cut the corner and got on property I don't have permission to be on. I changed into street clothes and politely asked for permission to retrieve my bird and was verbaly accousted, guy must have been a pirate or something, very foul language, he then called the sheriff, said I was trespassing while knocking on the door !  Explained to sheriff what was happening, he then talked to landowner to no avail. Bird went unrecovered not 75yds from where I shot it, New owner at that house now, took them a house warming gift and introduced myself, will not have a retrieval problem there again, Todd

Offline waknstak IL

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Re: Ever denied permission to retrieve an animal?
« Reply #38 on: September 26, 2011, 06:08:00 PM »
Was helping track a friends wounded buck a few years back that went from state property onto private land and the owner refused to let us onto the property. Not uncommon in IL.
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Offline Tree Rat

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Re: Ever denied permission to retrieve an animal?
« Reply #39 on: September 26, 2011, 06:33:00 PM »
In Mi the DNR cannnot force the landowner to let you recover your animal. On the flip side, if you can see the dead animal the DNR can watch it as it is also illegal to tag a deer you did not kill.

A former DNR officer told me that. He used that warning succesfully to get animals recoverd and couple of times for a poaching ticket.

Bottom line call the DNR, or let it go.
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