OTHER Places To Hunt.

[mowin]

2 minutes ago, Spysar said:

Driving 56 in a 55 is illegal too. And is readily done and accepted. For all the moral kings.

Land has to be posted.

Land is owned and taxes pd.  Speeding not so much. 

[Spysar]

I have ezpass, driving isn't always free. Just post your land , and it's case closed about the trespassing. 

[mowin]

1 minute ago, Spysar said:

I have ezpass, driving isn't always free. Just post your land , and it's case closed about the trespassing. 

So my land isn't posted, so your saying anyone has the right to use my property? 

[grampy]

38 minutes ago, Spysar said:

I have ezpass, driving isn't always free. Just post your land , and it's case closed about the trespassing. 

Yeah.......um.......We've had trespassers rip down our signs, or totally ignore them. Guess that's ok?

[Spysar]

You guys are being unreasonable. I never said anything about ripping down posted signs, we all know that is wrong. I think you have the wrong guy on antler restrictions? Not sure. I never said anything about trespassing being OK.  

[Spysar]

When you hunt somewhere as long as Bill, yes, you will find a parcel or 2, that is known by the locals to be ok to hunt. This land is not posted. Am I saying march through someones front yard becasue there's no sign?. NO. Every situation is different. Every state is also different. Maine for example, if there's no sign it's open to hunting. I'm sure if you caught someone on your non posted land in NY, the game warden would let him go. 

[Spysar]

I  just looked it up . In NY it is illegal to trespass even if the land is not posted. If you catch the trespasser, all you can do is notify him by certified mail that he is not to be there. If your land is posted he can be issued a $250 fine.

In Massachusetts, if the land is not posted, you can hunt there. If the land is posted, you need permission. 

Edited October 15, 2023 by Spysar

[Spysar]

NH, you can hunt non posted land legally.

[Spysar]

Maine, legal to hunt un posted land. Unwritten rule, ask permission.

[Caveman]

14 minutes ago, Spysar said:

I  just looked it up . In NY it is illegal to trespass even if the land is not posted. If you catch the trespasser, all you can do is notify him by certified mail that he is not to be there. If your land is posted he can be issued a $250 fine.

In Massachusetts, if the land is not posted, you can hunt there. If the land is posted, you need permission. 

Can you post a source for this? I posted the relevant Penal Law provisions above showing that unused, unimproved, and unposted land is fair game until told otherwise.

[Spysar]

Posting Your Land - NYS Dept. of Environmental Conservation

[Caveman]

15 minutes ago, Spysar said:

Posting Your Land - NYS Dept. of Environmental Conservation

Unfortunately, that's a pretty poorly worded website. I read that to mean that it's "illegal" even if unposted because instead of posting you can communicate your lack of permission to the "trespasser." If you post, there are penalties consistent with a violation level offense. 

 

That isn't inconsistent with the law that I posted. They are simply stating that if land is posted OR you have been told to keep out, you are trespassing. But I am still aware of no law that would impose a criminal penalty where (1) the land is not improved, used, or posted, and (2) you have not been told to keep out by the owner of an agent. 

 

EDIT: Just double checked the Environmental Conservation Law. The two operative provisions require either posting or communicated notice against trespassing, I noted above. 

https://codes.findlaw.com/ny/environmental-conservation-law/env-sect-11-2113.html

 

https://codes.findlaw.com/ny/environmental-conservation-law/env-sect-11-2115.html

Edited October 15, 2023 by Caveman

[Spysar]

So Bill is not wrong and if you want people off your  land, post it(will not necessarily stop trespass, but will give you the legal edge). The end.

[cj3a]

Growing up we had large sections of land that has kids we played in. In the fall people would bow hunt it and during gun the local police and DPW would do deer drives.   I am guessing it was all own by developers because it became UPS, Amazon and Jaguars headquarters.   Also large areas were lost to condos.    I never heard of anyone getting tickets for trespassing.  Not saying it was right but no one seem to worry about it. 

[mowin]

2 hours ago, Spysar said:

So Bill is not wrong and if you want people off your  land, post it(will not necessarily stop trespass, but will give you the legal edge). The end.

It's definitely a gray area.  One law reads posted or not, it's illegal to trespass. The other has different definitions of " land".  

IMO, Bill, and everyone else is trespassing. You didn't ask the owner/s, regardless if it's posted or not.  And the town clerk can't get someone permission. 

The excuse of, everyone else uses the land, and the town clerk said I could is pretty lame.