If I was a lawyer...
Contributors to this thread:Massachusetts
From: Arrownoob
27-Jan-21
...I think I could successfully argue that if a town lists their conservation land as no hunting but ends the rules/regs document with: “These Rules and Regulation do not override specific deed restrictions or other federal, state or town laws and regulation that may apply.” Then the state law that you can hunt it if it’s not legally posted then does in fact apply.
From: Will
28-Jan-21
That's an interesting point. I dont know how the full rules of land ownership/posting/town ownership etc work... So no clue what someone with a broad understanding of the law would say. I wonder if the "that may apply" is the legal fail safe for the town?
From: hickstick
28-Jan-21
Lol noob. I've been addicted to watching a lawyer on YouTube called LegalEagle. We should send it in to him and see if he'll tackle that one. Lol
But my guess is theres got to be some state law that says towns have the ability to dictate usage of land that supersedes the legal trespass/posted law.
From: EwadeZ7X
28-Jan-21
Municipalities are exempt from posting laws. Basically do your due diligence, know what land your on, and get permission if need be
From: MA-PAdeerslayer
16-Jan-23
Hick hit it on the head from what I remember hearing before. Towns have the ability to dictate the usage of their land the supersedes the legal trespass law. Forget where but I believe I read it somewhere regarding a issue in my town.
From: Jebediah
17-Jan-23
Stopped having to think about that nonsense the moment I moved to America. Come on up—there’s plenty of room!
From: HendersonStephen
17-Jan-23
It seems that the town's regulations do not override any other state laws and regulations that may apply, which could potentially support the argument that hunting on the conservation land is allowed under state law. Additionally, it's always good to be prepared for any legal issues that may arise from an injury, so you may want to consider contacting San Antonio Workplace Injury Attorneys, who can ensure that you get the best possible outcome.
From: Huntskifishcook
17-Jan-23
Jeb wins this comment section.
From: S0sso
17-Jan-23
Digging through this now from town to town, I'm only a couple towns in but Noob's observation holds. UNLESS the town or private conservation area is posted, and posted within the rules and requirements of the STATE, you can hunt it. All of them clearly defer to the state laws and say they're do not supersede/override laws set by the state. LOL, if it's not posted, hunt it!
Layman justification, the town and private conservation lands STILL fall under the state requirement to post. State says private unposted land, if that land has areas beyond legal setbacks, you can hunt. Conservation land is no different.
From: BC
22-Mar-23
Hunt where you want to hunt…how’s that.
From: steve
22-Mar-23
There is a town in CT called Westport. There is no hunting and for some reason it overrides state law . Lot of deer there too.
From: hickstick
22-Mar-23
yea Steve, If I remember right, back in the oughts when I was hunting the Aquarion land there were towns down there that required approval/special permit to hunt as well.
From: Big Dog
22-Mar-23
Wear good camo. Get in the woods in predawn darkness quickly and unseen. Once in, hunt where angels and Anti's fear to tread, swamp or thick stuff. Wait 'til dark to drag out the beast. The only thing that can ruin your hunt is if an Anti sees you and , true to his/her creed, becomes "offended" and calls the police and /or game warden. Conservation land is usually improperly posted . The only thing it's conserving is one faction's viewpoint , the wrong viewpoint.
From: steve
22-Mar-23
Need a permit to hunt Aquarium. I think some are no permit now. All private need land owner consent. Westport is the only town . But I hear there are some that still hunt it.
From: DanaC
23-Mar-23
Couple towns nearby (in Mass.) require written permission to hunt on private land, at least one (Wilbraham) requires permission to hunt public land.
Imo this should be a state-controlled thing, rather than having 351 separate little fiefdoms run by townies.
From: Big Dog
23-Mar-23
DC, lol, we're still under feudal law. lol only our does are required to have tubal ligations and take birth control. There's no escape from this chicken shit outfit .
From: Jebediah
23-Mar-23
DanaC, if I remember several things correctly, the now-Mass governor argued the same thing when she was attorney general—saying that state law was sole authority concerning where hunting could or couldn’t occur.
From: Antler Fanatic
23-Mar-23
All private land should be written permission only. It Keeps the riff raff out of the woods because most are way to lazy to knock on doors to obtain written permission. As far as town property needing written permission I’ll also have to agree on that. Technically it’s private, although if you are a town resident you shouldn’t have to have “ permission” on property your tax money goes into maintaining.
From: Jebediah
23-Mar-23
The most common form of a “no” landowner response that I got in eastern MA was some form of “I’ve already got a guy.” This can lead to challenges, a-la Mass Deer Service at one time locking down a major fraction of certain towns, and various BS “town hunting programs.”
From: Antler Fanatic
23-Mar-23
Jeb I wouldn’t want to hunt a spot especially private knowing someone is actively hunting it. Been there done that. Can go sideways quick.
From: Big Dog
23-Mar-23
When we get a spot to hunt ,full of deer, and without worry, cherish it.
From: Jebediah
23-Mar-23
Antler Fanatic, I agree, but I guarantee half these landowners saying “I’ve got a guy” only *think* they’ve got a guy. I think half of that half believe it because they were involved with Mass Deer Service, which has been defunct for years, unbeknownst to many. And the other quarter say it because they signed on to their town’s “deer hunting program,” and almost without exception these “programs” are an unholy load of nonsense. They think they’ve “got a guy,” but they don’t.
From: Antler Fanatic
23-Mar-23
Damn Jeb, luckily I don’t deal with much of that around where I am.
From: Jebediah
23-Mar-23
I don’t deal with it anymore either.
From: DanaC
26-Mar-23
There is a lot of public land around here, and I'm still discovering more. Probably won't see it all in my remaining years. Hint - check out the area around Sturbridge and Brookfield MA. Easy access from the Pike.
From: Big Dog
26-Mar-23
Hunted Brookfield years ago with the required .56 cal. TC Renegade ML (smooth bore, no scope ). Was pretty good back then and may be worth scouting now for next bow season.
From: ARLOW
27-Mar-23
"Couple towns nearby (in Mass.) require written permission to hunt on private land, at least one (Wilbraham) requires permission to hunt public land. Imo this should be a state-controlled thing, rather than having 351 separate little fiefdoms run by townies."
There is no true public land in Wilbraham. There are conservation properties. Those are not technically public lands per the letter of the law.
Nor is there any permission requirement on true public land in any town in the state. If there is a state forest or WMA in a town that requires written permission for private land you do not need permission to hunt those state properties
From: DanaC
27-Mar-23
Thanks for the clarification, Rob.
From: madhalfconsfi1980
19-May-23
Yeah, the whole topic of land ownership and town regulations can be quite complex. I'm not an expert either, but it's always interesting to learn more about it. Maybe we should send this question to LegalEagle on YouTube and see if he tackles it. Lol! According to what Hickstick and MA-PAdeerslayer mentioned, towns do have some authority over land usage that can supersede certain trespass laws. It's probably governed by state laws too. But I can't remember the exact source, so don't quote me on that. I'd suggest reaching out to https://ndandp.co.uk/director-disqualification for the best possible outcome. It's always good to have expert advice on your side.
