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Retrieving game on posted private land?


311Hemi

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This came up in a conversation with a friend a few weeks ago, and wondering what the regs are.

Is it ok to access posted private land to retrieve game (not hunt or take game)?

The DNR regs say: "A person on foot may, without permission, enter land that is not posted to retrieve a wounded animal that was lawfully shot but may not remain on the land after being told to leave".

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I believe if it's private POSTED land you need to try to contact the owner first to let them know you have a wounded or dead animal/game on their land and would like to retrieve it. If the land owner say's NO you can't you need to then contact a CO or Police and they will then assist you in the retrieval of the game. The land owner can't dispute the retrieval of game when the CO or police are involved. In most times the land owner may even assist you in retrieval.

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I could be wrong on this.. but I believe land that is posted you need to stay off...I too would call and get permission... I have had this situation a few times. Each time the guy grabbed a flashlight and got as excited as I was to help me find it. Funny thing was.. each time the animal had doubled back on to my land again.. LOL

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To have to go and get permission when tracking game is kind of out of the question!

If you are hunting public or private land close to someone’s private land and retrieving game could be an issue! I would inform the land owner of where you are hunting and the chance of your game going on to his property.

Nine time out of ten, if you a legitimately tracking game and go on to someone’s private property (not posted) to retrieve game, you are not going to encounter any problems. If you do, then go get the Game Warden or CO (hopefully you find one during hunting season) and go in and get your game!

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I believe the rule is if it is posted you must have permission to go on that property to track an animal. I think the only exception is to retrieve your dog but you cannot carry your firearm with you. That is my interpretation of the trespass rules.

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Ya, here it is!

Quote:


Exceptions

• A person on foot may, without permission, enter land that is not

posted to retrieve a wounded animal that was lawfully shot, but

may not remain on the land after being told to leave.

• A person on foot may, without permission, enter private land

without a firearm to retrieve a hunting dog. After retrieving the

dog, the person

must immediately leave the premises. This exception

does not authorize

the taking of the wild animal.


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You shouldn't go on private land at all, even if it's not posted. If you can ask permission, you should. If the land owner says "no", then that's it. Private property rights should take precedence over the retrieval of game. If you think that the animal could go on someone else's property after you shoot it, then you probably shouldn't shoot it.

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This is really something you should talk to your neighbors about before the hunting season begins. On our land, the neighbors to the west are very cool with us following a blood trail onto their property and we are with them as well. The neighbor to the east of us, we need to let him know and he wants to be with us on his land. (Hes kinda a hermit and VERY protective of his land) Neighbor to the north, pretty cool about it, we don't worry to the South as there is a lake down there they can't cross. Bottom line is, figure it out and talk to your neighbors! Part of the reason I love it up by the cabin is you can just drive into someones driveway and strike up a conversation and be offered a beer... Not like around the city where you would be looked at crossways if you knock on the neighbors door just to BS

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So should you before you go out, get all the names and numbers of all the land around where you hunt , cause most land there doesn't have any buildings nor any numbers or names on posted land.. How do you know where on ends and another beings, and who to call?

I haven't hunted on public lands here in MN.. so i am asking

thanks

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Kallista,

Good point and that is why I think the law is writen the way it is!

Quote:


• A person on foot may, without permission, enter land that is not

posted to retrieve a wounded animal that was lawfully shot, but

may not remain on the land after being told to leave.


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Thanks guys. I was mainly wondering because of a situation pheasant hunting.

Example: Walking a public area along a road and a rooster gets up and is shot legally on public land but makes it over the road and lands on posted private land.

I didn't think we could send the dog or get it ourselves. I have read the regs but was not 100% sure on the posted/not posted part of it.

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Quote:

So should you before you go out, get all the names and numbers of all the land around where you hunt , cause most land there doesn't have any buildings nor any numbers or names on posted land.. How do you know where on ends and another beings, and who to call?

I haven't hunted on public lands here in MN.. so i am asking

thanks


Kallista- Yes, that is a very good idea... a platte book will give you the names of all the land owners in your area... a very good thing to have.. It will also show you where all the state land or huntable land is in your area. Usuallly a pretty good idea to talk to them before season starts... you never know, they may invite you on their land to hunt as well.

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[i have read the regs but was not 100$ sure on the posted/not posted part of it.


That's a funny way to put it "100$ sure"... I'm sure it was a typo, but funny none-the-less...

I wonder what the actual gamble is for trespassing... isn't it like $500

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shackbash, you must have the regs out right in front of you! you are right. you do NOT need permission to enter private posted property in search of a wounded animal. however, if asked to leave, you must, so search away!

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If the land was posted there would be a name and number, why wouldn't you want to call first? Like Deitz said it could start a relationship.

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Quote:

[i have read the regs but was not 100$ sure on the posted/not posted part of it.


That's a funny way to put it "100$ sure"... I'm sure it was a typo, but funny none-the-less...

I wonder what the actual gamble is for trespassing... isn't it like $500


LOL...I did mean 100%. I usually don't fair very well at the blackjack table if that tells you anything!!

If there was a name and number I would certainly call....but it seems I have seen a lot of signs with no info on them.

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Quote:

. you do NOT need permission to enter private posted property in search of a wounded animal.


Ah vister, I think you do. Better read the regs.

Craig

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as long as the land is not posted, you may enter without permission to track a wounded animal. My mistake on whether or not it is posted. trespass laws, Exceptions, page 13 of regs. either way, if possible, i would, and have asked. by asking a neighbor a few years ago to track on their property, i was told "yeah, go ahead, if you want to hunt out there, feel free to, nobody else does." well, that is a productive 70 acre meadow/willows parcel i was glad to ask for permission to enter!

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I guess I have to disagree with your post Piker, how much land do you have to have to be sure the deer would not travel to someone else's property? We all know big bucks can and will go a long ways after a well placed shot, as will a doe. I don't recall seeing many posted signs with the name and number of the land owner, very few even have the name so it can be tough to contact them. I would just call the CO and have them there to cover your you know what.

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Heres my take on this one. I have enough property that is huntable and the neighbors have been hunting around here for longer then I have lived here. I got a call last year and a neighbor whom I don't know called to ask if he could track an animal that went across my property. I said by all means, can I help? I really thpought that was thoughtful. The only issue I had was what time of day it was done in case I wanted to hunt. On the other hand I do not post my land but have had multiple individuals decide to put up a stand without notifying me. That gets old! Just because the land isn't posted doesn't mean it is a free for all. Chances are, if any of these guys asked for permission from they would have gotten it but by just sticking a stand up without asking it kinda peeves me. Just my .02.

Tunrevir~

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I belive to be a legally posting...you must have your name and tele # posted with your sign.

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Legally, I believe you are right vitalshot but you certainly would be putting yourself on a CO's "look at" list if you fought the ticket and won. The intent is still there and who knows how a judge would rule and it is plain wrong.

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Quote:

I belive to be a legally posting...you must have your name and tele # posted with your sign.


Yes you need that to be legally posted, but 9 times out of 10 that info is not there.

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The trespass law is very complex. Extremely complex. It only needs to be legally posted 1 day per year to be considered "posted". So if the sign falls down halfway through the year, it is still posted. I don't recall the part of the phone number. It does need to be signed. But really folks, to start debating IF it meets the law in terms of posting is really beside the point. Ask. Just ask. There is no excuse to not ask. It is just pure laziness. For every excuse that can be made for not asking, the answer is just laziness.

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Like I said in my first post, it is all ways a good idea to talk with and ask permission of adjacent land owners prior to the hunting season. At least try to get phone numbers for them, just incase this was to happen! Like Dietz said, they may even let you hunt their land in the end, anyways. Just the all around good thing to do!

Now, the question Kallista brought up is one where the law is a good thing! I do not think there is anyone on this site or a hunter in MN, which would not go onto non posted private land if he or she had just shot the largest buck they have ever seen. I am talking a true Pope and Young, Boone and Crocket and all of the above. Sure I would do everything in my power to locate a land owner! If I was out in the middle of no where and no signs and I have an idea of where State land ends, I would go in, tread lightly and get out with my deer! If I was asked to leave, I would try to plead my case, but I would leave. I think this is why the law is written the way it is! I do not think I would trek back to truck or camp, drive into nearest town and hope town hall or Library is open and find a plate map and hope the contact info is correct! Get a number and try to get that person on phone!

If a land owner does want people to stay off his land, he will properly post his land and maintain signs! Especially around deer hunting season! In that case, I would call number on posted sign and ask first!

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Quote:

If a land owner does want people to stay off his land, he will properly post his land and maintain signs! Especially around deer hunting season! In that case, I would call number on posted sign and ask first!


I agree with all of your post, but this part. There are a lot of people that don't want to post their land, because if there's a wounded critter they want you to feel like you can follow it & also they don't want to seem unneighborly to their next door neighbors. That doesn't mean that people should think it's okay to hunt there without asking. It simply gets down to a respect issue.

I agree if it's unposted land & I've shot an animal that goes on someone elses land I'm following it. During firearm season, or like in this case so close to it for bowhunting, I would call unless I could see it down just a short distance away. I would definitely drag a deer off their property before gutting it if possible unless they clearly don't care.

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To say you don't know where the property boundries are is a weak point. It is up to us to know the area we hunt. The information is publicly available.

As far as whether it is posted or not consider this. How would you feel if someone walked or drove onto your front lawn, sat down, and spent the day. Take it a step further and suppose he decided to build a platform on one or more of your trees on your lawn. Sure, the wooded acres on someone's "private" property is not their front lawn (most of the time) but the thought is the same. We need to remember that it is private property and we have no real right to invade someone else's private property. We should be glad that we are allowed to do so as much as we do and therefore don't bite the hand that feeds you. If you must trespass for any reason get permission first. If you hunt where there is a potential need to track a deer onto private property, get permission before the season opens and you can avoid the issue of finding the owner at the last minute.

Respect others as you would like them to respect you. Pretty simple if you ask me.

Bob

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Make the Signs Visible

Step One

Keep the signs bright and clean. Even if you properly display a "No Trespassing" sign, it's worthless if the letters have faded or the sign has fallen to the ground. If you are running a business, ask security to check signs regularly during rounds...

Q. Must signs be a specific size?

A. Notices must be a minimum of 11 inches by 11 inches.

Q. Is any particular wording required?

A. Signs must bear the name and address of the owner, lawful occupant or other person or organization authorized to post the area. The sign must bear a conspicuous statement which shall either consist of the word "POSTED" or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign.

Q. How many signs must be used in posting lands and how close together must they be set?

A. At least one sign must be set on each side of the protected area and on each side of all corners that can be reasonably identified. Signs shall be no more than 660 feet apart, close to or along the boundaries of the protected area. Since the signs must be conspicuous, they should be high enough, and spaced closely enough to be seen. Please don't turn your property into an eyesore by using more signs than are necessary.

Q. Is posting required to protect landowners from liability?

A. No. Whether the property is posted or not, the General Obligations Law protects landowners from liability for non-paying recreationalists on their property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered include: hunting; fishing; organized gleaning (picking); canoeing; boating; trapping; hiking; cross-country skiing; tobogganing; sledding; speleological (caving) activities; horseback riding; bicycle riding; hang gliding; motorized vehicle operation for recreation; snowmobiling; non-commercial wood cutting or gathering; and dog training. This protection does not apply in cases of willful or malicious failure to guard or warn against dangers.

Q. May the owner or lessee charge for hunting, fishing, or trapping on the posted property?

A. Yes, but charging for access removes the liability protection granted to the landowner by the General Obligations Law. To learn more about landowner liability see the link for Cornell University's publication "Recreational Access and Owner Liability" under Offsite Links in the right hand column at the top of this page.

Nice to know for land owners

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