hunting on private land?

[Colorado Osprey]

2 Things:

1st:
Crossing a property line to contact a landowner is not trespassing. It is only trespassing if they are then asked to leave after contacting the land owner. Any Sheriff Deputy or DOW agent knows this and not charge an individual. Trespassing signs are only enforceable if someone is not trying to contact the land owner and is on private property.

2nd:
Did he have a wounded animal cross on to your property?

There is a grey area in the law of private property:
A hunter must try and recover a wounded animal. A hunter must try and contact a land owner to get permission still to recover said animal if it crosses onto private property.
(EDIT ADDED)
CRS 33-6-119(1)(b) "If wounded game goes onto private property, the person who wounded the game shall make a reasonable attempt to contact the landowner or person in charge of such land before pursuing the wounded game."

If permission is not given to the hunter, the hunter can call the DOW. The DOW can/will charge the landowner criminally for not letting a hunter retrieve his game. They will try to persuade the land owner to grant permission first. If no permission is given, the DOW will retrieve the animal for the hunter and press charges on the land owner.
(EDIT ADDED)
Poor communication skills on my part. The DOW can/will retrieve the animal for the hunter as it is State property, the DOW has the right to access private property for retrieval of State Property (animal). If the DOW officer is denied access the land owner will be charged under CRS Title 33-6-117(1)(a)(II) "To intentionally abandon the carcass or body of taken wildlife" This is not normally the case as the DOW officers during hunting seasons are usually very busy... but it is enforceable. Point being a land owner can and have been charged for not letting the DOW retrieve game. ($100-1000 fine and/or 1 year in jail plus 20 point against license holder)


Having lived in rural areas my whole like, how have I never heard of Purple Fence Tops?? I think a lot of people out here would laugh at you for painting fence posts purple.

[spqrzilla]

There is a grey area in the law of private property:
A hunter must try and recover a wounded animal. A hunter must try and contact a land owner to get permission still to recover said animal if it crosses onto private property.

If permission is not given to the hunter, the hunter can call the DOW. The DOW can/will charge the landowner criminally for not letting a hunter retrieve his game. They will try to persuade the land owner to grant permission first. If no permission is given, the DOW will retrieve the animal for the hunter and press charges on the land owner.

This is not correct. There is no requirement for a land owner to allow retrieval of game, either for a hunter or for DOW.

[spencerhenry]

just exactly what law would the landowner be breaking by refusing someone to retrieve game?
that statement that they can and will charge the landowner is complete and total bull shit. a landowner does NOT have to allow anyone to enter their property for any reason.

there is NO gray area whatsoever. if an animal you wounded travels onto someone elses property, the hunter is require to make a reasonable attempt to contact the landowner. if the landowner is unknown or unreachable, the DOW is your next call. if a landowner refuses, the DOW can require the landowner to prevent the animal from being lost, but they cannot force someone to let a hunter retrieve his animal.

if someone shoots something and it travels onto my property and dies, and that person enters the property without my permission, they will be charged with trespassing at a minimum and probably hunting on private property without permission. the only gray area i see is whether or not the DOW themselves can come retrieve the animal, they CAN enter your property to do their job.
i know of one instance where a guy shot a huge mule deer buck (over 200"), the deer was very close to the fence. the landowner had refused permission for the hunters to take the deer on his property. the hunter shot the deer on legal land and it then ran onto the property that there was no permission. the DOW was called, but the landowner refused. he was required to take care of the animal and he kept the antlers.

if it were true that the landowner could somehow be charged for refusing access to his land, the number of deer and elk that "jumped the fence" would be huge. if you are hunting in an area where there is property that you do NOT have permission to hunt, be aware that the animals may cross the fence after being shot. and that it is not a given that you will be allowed to cross the fence. many times animals cross the fence but do not die, permission only allows you to retrieve an animal, it does not allow you to shoot it in the toenail just before it jumps the fence and then go finish it off.

[spqrzilla]

i keep my fence locked, yesterday i just happened to be outside and a hunter was scaling my front gate....he looked bewildered when i told him i didnt want him hunting on my land i thought that the locked gate would be a clue that i didnt want drunk guys shooting guns without my direct supervision near my house.....is he allowed to just come onto private property and do what he pleases? can i put up one of those POSTED NO HUNTING TRAPPING etc signs or does that not matter either?

As mentioned, this is a serious violation of the hunting regulations. It is enough points by itself to result in suspension of hunting priviledges. There is no requirement in Colorado law that your property be posted for a violation of the prohibition on hunting on private land without permission. It also requires no warning at all.

I would have phoned the sheriff or DOW and have him charged.

[rondog]

A couple of tracer rounds over their heads should get the point across.












I kid, I kid.....don't everybody wig out on me now! Landowner permission is an absolute must, a cheeseburger should know that. But finding out who the landowner is can be a challenge. I remember that from my bird hunting days.

[BushMasterBoy]

Some laws to read. If game falls on private land, can landowner claim game as his own? With no permit or license from the state? Law states you must make reasonable attempt to gain permission of landowner. Knowingly trespassing to recover wounded game is unlawful.


http://search.jurisearch.com/NLLXML/...=1&nojumpmsg=0


http://search.jurisearch.com/NLLXML/...g=0#33-6-116(1)


Some opinions here:

http://www.thecoloradohunter.com/faqs

[spencerhenry]

so a guy with a gun must be a poacher? you are a hunter and make the assumption that since YOU hunt in october and later that this guy was hunting out of season?

if the guy hunts on private property without permission, he is a poacher. however with regards to the rest of it, right now it is archery, and muzzleloader starts saturday, some sheep seasons started weeks ago, some this week, goat seasons started this week, governors tags for deer started couple weeks ago, high country buck season is this saturday, dove season was last weekend, and it is ALWAYS coyote season. or.... maybe, the guy was just carrying a gun and not hunting?