TRESPASSING QUESTION

[Dredly]

Rip some 2x4's into 1.5x1.5 inch pieces of wood and put 16d nails through it all around, paint it brown and lay it by the trails. They won't see it and it will ruin their tires. They shouldn't have been trespassing in the first place... Not illegal to leave a board of nails on your property...


-Chaz

yes - that would be illegal and the property owner would be held liable for damages, especially if there was bodily injury caused by this

[Chazman321]

yes - that would be illegal and the property owner would be held liable for damages, especially if there was bodily injury caused by this

How is this illegal? If I choose to dig an huge hole on my property, it's my hole... People shouldn't be on posted property to begin with so they are trespassing, which is a crime.

-Chaz

[NikeBauer21]

How is this illegal? If I choose to dig an huge hole on my property, it's my hole... People shouldn't be on posted property to begin with so they are trespassing, which is a crime.

-Chaz

I don't know about the legality aspect of it, but we have seen time and time again, landowners being sued because someone came onto their property and got hurt. In many cases, they win.

[Dredly]

How is this illegal? If I choose to dig an huge hole on my property, it's my hole... People shouldn't be on posted property to begin with so they are trespassing, which is a crime.

-Chaz

There are rules against making your property intentionally unsafe, regardless of if they are supposed to be there or not. You wouldn't go to jail but you would be liable.

if you buy property which has a trail through it, you don't like the people using it, instead of posting it and blocking the way, then calling the cops, you instead decide to put "traps" in that could result in injury, you will be found guilty and sued.

[Chazman321]

A punji pit would be a trap, a stick with nails is a barrier... Would it be better to chop down a huge tree and lay it down across the path? If I break a glass bottle on accident and someone steps on it, how is that my fault? The duty of the prosecution is to prove, without reasonable doubt, that you put it there. If you say you don't know it's there, and they have no proof to prove otherwise, then it could be that the complainant could've put it there...

Posting and complaints to the police would always be a first step...


-Chaz

[Dredly]

A punji pit would be a trap, a stick with nails is a barrier... Would it be better to chop down a huge tree and lay it down across the path? If I break a glass bottle on accident and someone steps on it, how is that my fault? The duty of the prosecution is to prove, without reasonable doubt, that you put it there. If you say you don't know it's there, and they have no proof to prove otherwise, then it could be that the complainant could've put it there...

Posting and complaints to the police would always be a first step...


-Chaz

civil cases are beyond a reasonable doubt, good luck convincing a jury you didn't know that a piece of wood with a bunch of nails through it ended up on your property right on a trail that you know people ride 4 wheelers on...

best cases is exactly that - you cut down a tree and make a big road block across the trail and put POSTED signs everywhere that you can

[Pooch15825]

I'd really love for you to show me where I said "I trespass to hunt". I didn't. I hunt on the state game lands and a piece of property I have permission to hunt on. And no, the deer are NOT on the state game lands, the deer are in the communities and the private land where they are safe

And yes, the property owner DOES directly control what is on their property. If you have an over abundance of game on your property and refuse to allow it to be managed then you are absolutely the cause of the animals feeding on other peoples property. The deer know where they are safe, they stay there for years, they eat everything, the browse line is 6 feet from the ground, they expand their eating areas to nearby homes and neighborhoods and its all 100% because the property owner won't allow "their animals" to be hunted.

I also never once said I support or even remotely condone trespassing, and anyone who is partaking in the destruction of private property should be arrested.

And you bitched about the taxes, not me, I just said enroll it in Clean and Green like the vast majority of other large tract land owners (10+ acres?) and you pay next to nothing in taxes.

By saying you, I did not mean you in particular, I meant people in general, guess I should have specified that, I assumed when my post was in response to trespassing in general that would be understood.

I don't know where you hunt, but in this area, there are a pile of deer on State Game Lands, and just because my land is posted does not make a safe haven for game as it is hunted regularly. Last season I saw exactly 5 doe the first week of season and doe are not legal game the first week, I saw no bucks at all and only one was taken in the two weeks of regular season. We plant to feed wildlife, but the game travels and a lot of the deer we had seen early in the season were taken on adjoining properties. Does it make me angry that we spent time and money to make our land a nice place to hunt and to benefit animals, even non game animals, not one bit. I am not in it for the kill or to have a private game preserve, I am in it to benefit wildlife and to have a safe place for my children and grandchildren to hunt. There is no difference between posted property and your backyard, if you don't shoot deer eating your berries, then they should feel safe their and not head for posted ground where hunters are looking to kill them. Your arguement on that subject doesn't hold water.

Something that you miss when you talk about the browse line being 6 feet above the ground, this happens more because of the change in the way land, posted or not is managed now a days. In my area, there are fewer people farming, in some places city people move to the country and they come for the quiet and peacefulness of country living, not to farm. Well game animals have to move where there is food and if these people plant fruit trees or berry bushes where the animals have naturally been living for years and years, it matters not to them if it is landscaping or farmers fields, they take their nourishment where they can find it.

I own my property, it is posted, but they are "NOT MY ANIMALS", and my property is hunted, instead of opeing it to the public, it is for family and friends to hunt. It is not over hunted like some places, but it certainly is not underhunted either....but it IS HUNTED.

You did indeed bitch about taxes, by commenting on those enrolled paying less taxes than you, that is a bitch, mad because someone with more land may pay less in taxes. I responded to that and I didn't bitch about paying taxes, I stated about the amount of money, for everything, not just taxes was substantial. I stated and you apparently didn't read the requirements to enter property for Clean and Green benefits before posting and then you didn't read my reponse on it before again stating to enroll in it. I stated, and in exact words, "my property does not qualify" and if you had bothered to look at it, you would have seen that, not everyone with property of 10+ acres or more qualifies. You have to meet the criteria, mine doesn' I don't farm, I don't raise and plant trees as a crop to cut down later for profit and I don't open my property for the public to use it, whether hunting, bird watching or trail walking. If you do not meet one of those requirements, you do not qualify.

Now, you complained about the people that do qualify for benefits under the qualifications of Clean and Green because they get a tax break, but you never mention that a lot of those that sign on to the program also have their property open for use by the public. So they pay for their benefits by allowing people like you, that begrudge them a tax break, to hunt on their property with permission.

I never said you condoned trespassing, the original post was about trespassing and I tried to combine that with arguing your statements. There is one thing we agree on, trespassers should be arrested, with the exception that damaging property is not the only reason. My property is an extention of my home, it is mine and just like my home, if you come into my home or onto my property uninvited, you should be arrested, you don't have to break into my home, just walking in violates my rights, same as walking on my property.

Since the original question pertained to whether a citation could be issued later for trespassing and I failed to respond to that directly, I will do so here. YES, a citation can be issued later, under the circumstances provided, a delayed citation may be issued since the person was caught directly by law enforcement. As part of his continued investigation he contacts the owner and if the owner wants to press charges, then a citation can be issued. I am sure there is a statute of limitations on how long between the crime and the issuing may be done, unlike murder where their is no statutue of limitations, on other things there are.

[41 mag]

This one is simple. If you do not own the land, and have not secured permission to be on it, STAY OFF. It is a matter of personal ethics, character and responsibility. When you trespass you show no respect to the law, the landowner or yourself. Pennsylvania has approx. 2.1 million acres of State Forest land, 116 State Parks and 142 State Game Lands. What would the justification for being on private land without permission possibly be ?

Life is tough. Even tougher when your stupid---John Wayne

[TechAlG]

This one hits home for me. We visited my land last weekend, for the first time in over a year, as we had been living in Ohio. Somebody has dumped a sectional couch and several bags of yard clippings on the land. And then everybody will wonder why the land will soon be posted.

[BanginBonnie2]

I'd really love for you to show me where I said "I trespass to hunt". I didn't. I hunt on the state game lands and a piece of property I have permission to hunt on. And no, the deer are NOT on the state game lands, the deer are in the communities and the private land where they are safe

And yes, the property owner DOES directly control what is on their property. If you have an over abundance of game on your property and refuse to allow it to be managed then you are absolutely the cause of the animals feeding on other peoples property. The deer know where they are safe, they stay there for years, they eat everything, the browse line is 6 feet from the ground, they expand their eating areas to nearby homes and neighborhoods and its all 100% because the property owner won't allow "their animals" to be hunted.

I also never once said I support or even remotely condone trespassing, and anyone who is partaking in the destruction of private property should be arrested.

And you bitched about the taxes, not me, I just said enroll it in Clean and Green like the vast majority of other large tract land owners (10+ acres?) and you pay next to nothing in taxes.

Hey Dred,


Some folks who are not exactly ' Anti - Hunt ', but don't want hunters on their property can actually be a good thing at times.

I've used this approach and it works for the ' Posted ' land.

Go to Landowner in advance and ask if you and one or two friends may ' drive ' his property into property that you do have permission to hunt on. Tell him that none of the drivers will be armed ... and don't lie to him !

You wait until a few days into the season when the deer are feeling safe on the ' Posted Property ' ... notify Property Owner that you'd like to ' Drive ' his property on day ( X ), put your standers out on the land you've got permission for ... send your drivers onto Permission Granted ' Posted Property ' and voila, you're eatin' venison.


That approach has actually gotten me ' On ' a few properties where I previously wasn't allowed at all ... Sometimes a little butt-kissin' produces results.