Originally Posted by
marlinmadness
Hi, I'm new here, but can you quote something that supports that?
cause I disagree, and I'm gonna quote this:
Pennsylvania's statute, 18 PA. CONS. STAT. ANN. § 3503 (West 2000), is
based on the Model Penal Code's trespass provision, which does not
specifically mention hunting but requires posting (or fencing or
enclosing) to exclude all trespassers from land (posting is not
required for buildings and occupied structures). See also infra notes
. . .
Pennsylvania courts generally hold that posting is required to exclude
hunters. See, e.g., Commonwealth v. Sweeley, 29 Pa. D. & C.4th 426, 433
(C.P. 1995) ("Open lands that are not posted or fenced off are presumed
open for recreational use by the public, especially in rural counties
where hunting and outdoor activities are common."). Various secondary
sources provide general insight about whether and when landowners must
post to exclude hunters. The Model Penal Code's criminal trespass
provision, on which Pennsylvania's trespass statute is based, \l "F88"
requires landowners to post nonfenced land [*pg 565] (excluding
buildings and occupied structures) to exclude any would-be trespassers,
including hunters. \l "F89" The Restatement (Second) of Torts states
that,
. . .
I'd advise any outdoorsman in the state of Pa. to copy this writeup,
and put a copy in your wallet- in case you are ever stopped while
hunting or fishing. The reality is, most landowners, policemen, and
outdoorsmen don't know the letter of the law.
To anyone who is a property owner, take heed- post your property
according to the letter of the law- and you won't have to patrol your
property and tell trespassers to leave in person. It's a lot easier to
update posters once a year, than to patrol it 24/7/365 days a year.