You are not required to post signs and it is a major violation on the trespassers hunting license: 10 pts.
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You are not required to post signs and it is a major violation on the trespassers hunting license: 10 pts.
Most hunters don't fit this discription,.....but as a hunter it is the person's responsibility to know which land is private and which land isn't. Also, if you get permission to hunt someones land, you need to know the boundaries of said person land as well. The landowner does NOT have to post his land, as has already been stated. Trespassing is trespassing with or without "posted" signs.drunk guys shooting guns
I always thought the truck tire with white "No Hunting" painted came across the most serious. Already stated, no signs required and it is your right to make someone vacate your property, drunk gun toter though? I'd go for L.E.O.
CLAYMORES. That should do it.
Youth is wasted on the young.
Booty traps!Originally Posted by ColoWyo
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.
Last edited by Colorado Osprey; 09-04-2012 at 19:56.
I say lets all remove the warning labels and let nature take its course.
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.
This is not correct. There is no requirement for a land owner to allow retrieval of game, either for a hunter or for DOW.
No, written is not required. It is a good idea but not required.
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.
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