BoneAero's Link
You know what I find funny? When you talk to other hunters, especially on the internet, none of them ever trespass or violate game laws. Seems every hunter you meet on the WWW is a perfect law abiding individual. Yet the woods tells a different story. Trespassing is rampant. Ask anyone who owns a piece of private land that has decent hunting and they'll tell you about trespassing problems. And on the subject of violations? Here in my home state of MI we have laws concerning baiting and feeding. The law says, among other things, no more than 2 gallons is allowed on the ground at any time. Yet large bait piles are rampant. In fact I don't believe I have ever come across a bait pile in the woods that was 2 gallons or less. The state tried to ban the practice completely but the rate of non compliance was so great they finally caved in and just made it legal again. Honestly they really weren't accomplishing anything with the ban. People just did it anyway.
Until things like trespassing and game law violations are taken seriously via enforcement, there will always be a problem with them. As it stands right now, a persons chances of getting in trouble for trespassing or other game law violations, at least in my home state of MI, are very slim. Even when they get caught they are let go with a slap on the wrist.
Also people need to become less tolerant towards these sorts of things. If you are aware of someone trespassing, violating laws etc... at the very least you need to make that person know that you think his behavior is un acceptable!
The other surprising thing is how many people on other forums want to extend courtesies to these guys by leaving a calling card in the tree asking them to not come back. If you are willingly to knowingly (and the locations of these stands I can confidently use that word) sneak into private property, I doubt a strongly worded memo will make them reconsider.
I would much rather not have these extra stands in exchange for my virgin woods.
This is the statement - I have read here and other boards people complaining about the police not doing much and the fines not being enough.
A civil suit in small claims court is a slam dunk if the person gets even a $25 fine for trespassing. By paying the ticket, they are pleading guilty. Taking them to small claims court is very easy. Believe it or not, it is just like Judge Judy!
Some additional info;
- if you have someone that has trespassed, and will continue to do so, send him a registered letter, outlining the damages. When I bought my property, I had a neighbor that did not stop - he started by telling me it was his property, then progressed to helping himself anyway. I sent a letter, stating that I would be seeking $2500 damages - caught him on camera, called the police and he was ticketed. When he got the court papers - he came over and wanted to 'talk'. On the advice of a lawyer friend, I agreed to withdraw the suit after paid the filing fee ($75) and the serving fee ($125) and signing a notarized document agreeing to pay $2500 if he was caught again on the property. He did and hasn't been seen since.
A friend had the similar experience, but it went to court - he won. The judge awarded him less ($1500), plus the court costs. The guy was pissed but the message got around the area very quickly.
I have had a dozen farmers stop by and ask details of what we did - people really aren't aware of how easy it is to seek damages through small claims court. In one case an area kid was continually driving his ATV on other people's property - often damaging crops. Police were reluctant to do anything because he was a minor and nothing would happen. I told him to send a letter to the parents outlining the damages he would be seeking from them. Loss of crop, extra tillage, etc. If it is a minor, it can be difficult, if it is repeated over and over, and you inform the parents, the suit becomes much easier. In this case, the parents finally intervened and the 4 wheelin' stopped. Believe it or not, I saw this strategy on Judge Judy!
This past weekend I found a stand right next to my property line – except that he had trimmed trees on my property and put cameras on the trail on my property. He could clearly see the cameras and his trimming was on my property (an old fence). I took his camera and left him a note using his camera strap telling him he can pick his camera up. When he gets there we will have a chat and hopefully that’s it. Will let you know…