As a landowner, there are hundreds of reason I don't want someone trespassing on my property. Lets say said trespasser steps in a hole and breaks his leg. Guess what, you as the land owner can be held responsible and that trespasser can sue you, and the have a chance of winning. Which is dumb, but it's how our system works. Just because you want to recover that deer, you still don't have the right to recover that deer. The right thing to do is ask the landowner, 99% of the time they will allow you permission and a lot of them will help you. Just because you are too lazy to do the right thing, doesn't give you the right to trespass.
Almost sounds like the guide is really the one at fault. Who knows, maybe the hunter was unaware that he was trespassing. Doesn't sound like a very good guide service to me.
But it's "my responsibility" to recover my deer... I completely agree! As dumb as it sounds trespasser hurt on your property can sue you....ridiculous but true.
Agree. Two bad neighbors don't get anything good accomplished. The guide needs a reminder (not a threat) that you would like to be contacted and the hunter needs to be given the deer that he has been searching for which lead to the situation in the first place.
Why should a person committing a criminal act be rewarded? I'm confused about this mentality. The guide needs more than reminded, he is clearly breaking the law, he is also putting other people at risk by having them trespass on other peoples property. He clearly has no issue trespassing and he will continue to do it no matter how many times you kindly "remind" him. A message needs to be sent, and it needs to be sent loud an clear that you(the landowner) will not tolerate trespassing.
My message to the outfitter would not be I'd like to be contacted, it would be you better ****ing call me first next time!!!!!!!!!!
It's the people that just go that give us all a bad rep and cause people to be so damn irritable. The lack of respect and lack of common courtesy for someone to just brazenly search private property is a pretty d-bag move to me. For all you know, they hunted and shot that deer on the private property they trespassed on and based on the parcel size of this property I'm guessing that's exactly what happened. Say what you want, I'm keeping the deer and telling the outfitter that if he refuses to honor boundaries and common courtesy again that there's going to be trouble. Property rights and common courtesy trumps anyone's right to find a deer in my opinion. All their tromping around probably really effed up this guys property as far as hunting...that alone is worth not rewarding their bad behavior by giving them the deer. Beyond that, he needs to learn to not gut shoot deer.
Lot's of strong opinions on this subject. PERSONALLY this is just MY way of resolving this. I would contact my local sheriff and/or Game warden and have them file a report on this guide and possibly hunters as well. I would not file formal charges but I want the trespass to be on record as a warning. There is NO circumstance where trespassing on private land is permissible. You place a poor shot on an animal that is no ones fault or problem but your own. As a guide you have an even greater responsibility than the hunter. A guide is not only there to assist in the harvest of game a guides main job is to ensure the hunt is carried out in a lawful, ethical manner. The fact that they spent 2 days tracking the gut shot deer is not commendable, it's expected. It's the correct thing to do. I'd give them their deer and I would have the sheriff and/or Game warden present and file a formal warning & make sure they understand the next time they trespass on my property they will be prosecuted!
I agree with most of what you are saying. Around here, you better be prepared to press charges. If not, your just wasting the sheriff and CO's time. I've had a conservation officer let me know that unless you are willing to press charges, he won't even make the trip out. Too many times they get put in these situations and if the landowner won't press charges, there's really nothing they can do.
What if they are in a state that allows a person to go across property lines unarmed to search? If this is the case then he is in fact not trespassing. Correct?
I suppose that if that's the case then technically they would not be tresspassing. However I'm sure that many of you share this opinion with me...Even though there may be some places that allow for you to search unarmed and not be technically trespassing there is a common code of courtesy..the right thing to do in ANY case is ask permission from the land owner first. In a state that allows for this and you can't get in touch with the landowner id even go as far as leaving a note on their door explaining you searched their property to find your deer and leave my contact information.
I see your point..if that were the case for me I guess it would depend on my mood at the moment. I know i'd be pissed. The guide and hunters would have to be very apologetic and sincere for me not to press charges. Initially I want to warn them. But I guess if I got the slightest bad attitude or bad vibe i'd press charges.
I have permission to recover deer from neighboring properties...they still get a courtesy call before. Just because it may be legal, it is still right to call...if not legal it is MUST to call first. It baffles me for people to not see this as a rather clear black or white thing. I agree about not wasting CO's time if no chargers are gonna be filed by asking them to come out, they have far too many other cases which they could pursue...getting it on file is a good thing but if you want them present you better be pressing charges.
I suppose you two are right. To get a uniform to come over for a warning is perhaps a waste of their time. I would certainly like to file formal warnings for a first offense. UNLESS these guys like I mentioned before gave me a poor attitude and made me feel like they would do it again. I'd press charges real quick. For me that could be prevented with a SINCERE apology and a verbal bond to never trespass my property again.
This is the guide's business. He is making money running a business. He needs to run his business legally. If it was a normal guy who gained permission to hunt the neighbors land, and he's just trying to recover his deer, not that big of a deal. A guide, bringing a group of people stomping through someone else's land during prime time rut in not exceptable. He needs to do his homework and set these types of permission ahead of time. I would give the guy his deer and file a charge against the guide or you will see him again next year.
@tynimiller. I can't respond completely right now, but in regard to your post after mine. I'm not saying I "justify" it, or that I think it's ok to trespass, all I'm saying is that's what I'm going to do. I know it's wrong, and if I was 100% confident that the landowner was going to give me permission, then yes I'd inform him. Otherwise I'm going in. I'm also a landowner myself. I simply don't care. Now, if they were hunting my property that's different. I'm fully prepared to pay whatever fine I need to. Yes, a trespasser could sue you if they got hurt. It doesn't mean they're going to get a dime. Bottom line, if you shoot an animal and have to track it on my proprrty, feel free. If you need help, knock on the door.
I'm not saying it's the right thing to do but if it's legal in the op's state and the outfitter is a ******, then he is doing nothing legally wrong. Everyone is saying to press charges but they don't know if that's even an option in his state.
