I received a box from down south with newspaper as the packing and as usual I read it page for page cause it's interesting to see what other areas do :shrug:. I then came to the classified's and nearly had heart failure. Is this normal for your part of the world cause it sure as "L" ain't here.
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Seems to be heading that way in a lot of places.
Its not quite that bad around home yet but it will be I'm afraid.
Yep, for the most part.
Yes, in certain states the legal notices in newspapers are placed to aid in prosecution when trespassers are caught (if ever). In Kentucky it is not required to place such ads. The fact that some one is on your property without permission is enough to get them charged with criminal trespass.
Wow this terrifying to me :puke:. Why has it got so out of hand? Is it the super high number of lawyers you have or what. :confused:
If it were simply legal to shoot trespassers, there would be less of it me thinks. Basically there are lots of scumbags in the lower 48 who could care less about your rights.
I've not ever seen anything like that in our papers. I hate to think it's already to that point ... :confused:
Where the heck was that from...I don't ever want to even think about hunting in that neck of the woods! Thats a freakin' shame it has come to that in some parts. :rolleye:
Steve
WV
To many moon shine stills hiding in them hills. :innocentwhistle:
If someone is trespassing on your ground, and they get hurt - there could be pending litigation on you from the trespasser. Lots of folks have some sort of liability insurance for this particular reason. Too many lawyers doing the wrong thing out there nowadays. My guess is that folks are doing this to serve notice to trespassers, so if some trespasser does get hurt while on their property, they have their message documented for preventive measures incase of pending litigation.
Brian
Quote from: Hidehunter on December 08, 2009, 06:25:40 PM
Its not quite that bad around home yet but it will be I'm afraid.
Guess I was wrong, Im in WV lol
Wow, never seen such a thing either. :puke: If it's not your ground, and don't have permission,
you shouldn't have to be told to stay off it. :doh2:
Isn't that the craziest freaken thing Brian. That just blows my mind that somebody can be trespassing
on your ground, get hurt, and sue you ! Even if they weren't supposed to be there in the first place.
But it happens. :rolleye: The other thing too, years ago a friend of mine had a treestand accident and
fell and broke his back. His insurance company hounded him for some time about where it happened.
He never would give them any information on where it happened. They wanted to try and go back on the
land owner somehow. He told them it had nothing to do with where it happened. :rolleye:
I've seen it for years around here although it is getting more prevalant. In the past at least, it has been mostly for liability reasons. You see things like this all the time, like in a divorce you'll see an ad saying "I, john doe am not responsible for Suzy Slut's debt". Kind of a public hand washing if you will.
I have noticed though, that more and more people are getting real particular about their property lines.
I've seen it but not that many on a page. For the most part I think it's due to a couple people trespassing and ruining things for everyone else.
That, in combination to the illegal things that happen in the WV hills that need to be kept secret for legal reasons makes these guys nervous.
Jim,
NOTHING, I repeat, NOTHING illegal ever happens in these hills. :innocentwhistle:
:wink: :innocentwhistle:
Quote from: BigB on December 08, 2009, 08:02:32 PM
If someone is trespassing on your ground, and they get hurt - there could be pending litigation on you from the trespasser.
Maybe elsewhere that is true but not in Kentucky. If someone trespasses (does not have written or oral permission from the land owner) the land owner is not liable if the trespasser gets hurt. I know this to be true because I was sued once by a guy on a 4wheeler who got hurt while trespassing on my property. The judge threw the lawsuit out because the man did not have my permission to be there.
OK.......I am from WV and I am a landowner.....Though I have not seen these ads around here yet I can shed some light on a few things that frustrate me.....
I own an old Civil War graveyard....It has been abandoned for many many years......ATV riders take it as a free place to ride around the mud holes.....What they don't realize is the damage they are doing.
There are unmarked graves up there that can only be found if the ground is undisturbed so I run a cable around it and posted it.
They got angry and hooked up a truck to the cable and yanked it down so I put it back up...
They litter and throw drinking parties up there running through the mud to the point I have had the scouts out picking up the beer cans several times and they sell the cans to support their local troop....
It is nothing to get a couple of pick up loads of cans in a day or two.
I call the DNR to seek help and ask that they enforce the no trespassing signs by writing some fines for those that refuse to stay in the road.....where the mud holes they... seek have gotten to deep.... :shrug:
The DNR says the only way they will enforce is if I sign an agreement with them to come on my land anytime for any reason.
Then I am to put a black dot on every posted sign 1" or larger in the top right hand corner to let the DNR know exactly where it is.
Sounds like a plan right??
Yea a Evil plan by the DNR......next thing ya know your on a list of phone #'s and addresses for the DNR to give out to any public person that asks where can I hunt?
And the DNR goes around writing tickets to neighbors that refuse to sign the agreement......trash piles half buried that's been there 60 + years ?? 30 days to clean it up or a huge fine!!
Oil spot in your driveway?? EPA is called and again your fined.
If you cooperate and sign the agreement they will let some things slide but you are at risk of getting fined as the officer does not want to be there at all in this very remote area so he will pull the old ......If I do the dishes wrong ....No one will want me to do the dishes...
So the landowners soon get tired of lazy public officials and hire lawyers ....They find that if you ask for a copy of this agreement they must give you one.....But you do not need to sign it with the DNR.... :nono:
You can make this agreement with any resident of the state that is a legal US citizen..... :eyebrownod:
And this person has the right to take anyone caught on the property straight to the magistrate court for processing....Only thing is this person better know what the charges are specifically.....Trespassing in WV is only a $25 fine..........
Criminal trespassing is a whole nother ballgame.... :eyebrownod:
Also a law was just recently passed in WV that if you life is in danger from another person on your land......You may shoot them..... :biggrin: I dont recall the law word for word but this is how some interpret it....including me.
They no longer need to be in your home....some of the fellas placing these ads I am sure pushed this one through... The ads are fair warning of private land that is being Privately patrolled because our state Govt. will NOT do their jobs.
We have a very serious poaching problem as well as trespassing.....criminal trespass....
How do I know so much?? I have been robbed out there before only to be told...."We aint driving all that way just for that"
My trees were cut and stolen.....I was told it was a Civil matter and I needed a $1000 dollar injunction to get them to stop.....I found out that a $300 Mossburg is much faster.... :eyebrownod: (then I sued them)
I have been asked repeatedly to sign this agreement.....I will NEVER sign a contract for someone to do their job!!! They too can keep it in the road!
I had a group of young men drinking at my picnic table at my camp when I arrived.....I did not bother to call the Sheriff or the DNR or anyone else .....I asked them to leave.....they said NAAAH we are staying and came at me ....5 of them....
Then they quickly ran off to their truck ....I personally like looking at my Kimber 45 ACP but the hole in the end is not the part I would want to see either...... :laf:
If they had kept coming?? I would have killed the whole lot of them. Without hesitation as I did fear for my life! .........because I feel I am the only one protecting it, when I am alone in the WV woods.
I almost shot an uninvited guest in my home a while back.(About 1 1/2 yr ago) and he was so upset he ran to the street out side yelling "I'm calling the cops!" And the dumb arse did!? The sherrif told him he was lucky.....all he got was some Hillbilly justice....If it were his home he said he would have shot....I said to close to the door (before the new law)....I needed one more step....the sheriff laughed......Is this for real?? YES Are things this bad?? YES not everywhere......and not everyday....but my eyes are open and I will protect whats mine. Sorry for the rant....sore subject
Our DNR has to much power and to much lazy man power.
Quote from: alscalls on December 08, 2009, 10:33:43 PM
Our DNR has to much power and to much lazy man power.
AMEN
Wow...I didn't realize WV had gotten that out of hand. Word of caution to you WV folks...be very cautious of landowners that welcome you on their land with banjos playing in the background :innocentwhistle:
Hey Coulter! Need a place to hunt? :innocentwhistle:
We have so many folks out of work here that it is getting worse than I have ever seen......I even had some fellas this year come walking toward my tree stand with a chainsaw....About 100 yds. from the old abandoned road .........they were talking about cutting a new trail around all the mud holes........ :argh: :argh: :argh:
They ran off a nice 8 pt from me!!!!!! We had quite the little chat....... :eyebrownod:
I will be driving someone to the magistrate soon .....I can see it coming.
Another problem here is Poker runs........they will have a couple of hundred ATV's enter the poker run and someone will mark a trail with paint and ribbons for them to follow.......Problem is I paid a couple of thousand dollars for my land survey and the person marking the roads dose not care if he marks private land or public road.......so if I dont keep up removing his paint and ribbons my survey will be lost....mixed up with his trashing of my trees..........even cutting some that are in his way..... :argh: :argh:
You should line their paths with nails and post a sign saying it is lined with nails. When they notice everytime they go in there their tires go flat maybe they would reconsider. Unless they are like some of the crackheads around home and are to stupid to put 2 and 2 together.
Between the lawyers and scumbags , it is almost a nescescity . Pot grower slips in and cuts his leg on a fence your in for a lawsuit if he has the cohonies. Even folks you let in to do work for you have no respect for your property anymore. You can bet someone sliping in there to hunt ilegally has no respect for you or your fences. Catching them and prosecuting them almost impossible. You have to twist a few arms with the law to get attention . It helps if you promise to gift wrap the bad guys for them. Jimmie
QuoteIs this the Norm down south
Not this far South yet. We still say "Yes Sir and No Sir here"
In NH the landowner can only be held liable if they are charging a fee to a person using the land. This is one reason leasing land for hunting isnt popular here...due to the accompanying liability. Also if land here is not posted it is considered open for recreational use, hunting, hiking, etc. Its better to ask and the land owner can tell you to leave and you have to comply, posted or not:
--------------------------------------------------------------
NEW HAMPSHIRE REVISED STATUTES ANNOTATED
TITLE XVIII: FISH AND GAME
CHAPTER 212: PROPAGATION OF FISH AND GAME
SECTION 34: LIABILITY OF LANDOWNERS (DUTY OF CARE)
§ 212:34. Duty of Care
I. An owner, lessee or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, winter sports or OHRVs as defined in RSA 215-A, hiking, sightseeing, or removal of fuelwood, or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in paragraph III hereof.
Sign or no , all land in Ky is to be considered posted.
And hidehunter, if you know what a confederate safety pin is htey are prefered to nails and work much better since they have multiple barbs . Nothing quite like fire hardened honey locust thorns in an unwanted trail. They can't see them until way to late and all four tires are full of holes :eyebrownod: Jimmie
nastygums
what you posted is not entirely accurate.
III. This section does not limit the liability which otherwise exists:
(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;
The land owner can still be held liable for accidents that happen on his land.
Secondly, the big reason land in NH is not posted is due to Current Use Law. Land owners get a nice little tax break for leaving their land classified as Open Space, and if they decide to change that land use, or sell it to someone who then decides to change the land use status and post it, they are hit with a Land Use Change Tax. See CHAPTER 79-A CURRENT USE TAXATION for more information.
That's why Leasing is not popular. Any money the land owner would get from leasing would be eaten up in Land Use Change Taxes.
QuoteHey Coulter! Need a place to hunt?
Heck no...not that bad!
Quote from: THO Game Calls on December 10, 2009, 05:58:30 AM
Secondly, the big reason land in NH is not posted is due to Current Use Law. Land owners get a nice little tax break for leaving their land classified as Open Space, and if they decide to change that land use, or sell it to someone who then decides to change the land use status and post it, they are hit with a Land Use Change Tax. See CHAPTER 79-A CURRENT USE TAXATION for more information.
That's why Leasing is not popular. Any money the land owner would get from leasing would be eaten up in Land Use Change Taxes.
I don't like most government ideas but someone was on the ball on this one. Thanks.