Need some Clarification

ncscrubmaster

Ten Pointer
Contributor
After reviewing the regs, were you crossing the HOA property to access your trapping area? Without permission from the landowner that would be trespassing. Just saying. What is the status of the waterway? Is it navigable or does it come under the "property line is the centerline of the waterway" rule? Seems to be a few questions you may not have found the answer to prior to setting. Hope you can get it worked out without it costing you too awfully much.
The way I understand he could cross the HOA on foot until he’s told not to unless posted. After he is told that’s trespassing. Four wheeler there is no warning.
 

Loganwayne

Eight Pointer
I'm not one of the bashing types and understand how some folks can be confused but the first rule I learned back home was, if it ain't yours, keep off till someone the owner tells you it's OK. Back then we didn't even know there was anything such as public land.
Maybe it’s different in different places I’m less than 30 and when I was young no farmer cared if you were up on the mountains hunting as long as you closed the gates let ANY farmer know if you found cows out or broken fence (you may have been on 8-10 different pieces of property a day and not know who owned what).


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SpellNC9

Spike
We can be blurring so many lines here too. It’s painted as the game warden was wrong. I wasn’t there. I don’t know. But when Karen says you gots’ta leave, you gots’ta leave. You can’t say but, or no. Anything other than yes Mrs. Karen is a ticket.
But again, I wasn’t there. I don’t want to split that hair and be the one that changes case law over that. It’s expensive when you win and expensive when you lose. I’m also not going to court and telling the judge that this guy in NCH&F told me...


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I was told by Karen I couldnt be there after I got the citation. If I was told to leave I wouldnt have gone there to begin with.
 

Voodoo

Button Buck
Not arguing ethics, just the law as it is written:

I don’t know much, but I don’t see how you broke the law



BUT, it does look like you broke 14-159.13 if you stayed after she told you to leave. Assuming she has the authority as HOA president or representative.




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Voodoo

Button Buck
Pertaining to South Dakota, not entirely. Read up on the Water Compromise of meanderings and nonmeandering waterways. If flooded crop land is not posted then you can ride your boat or wade over it. If it’s posted then you cannot.

Now Walk Ins there might be some confusion. Walk Ins are private land that are used in daily agriculture practices leased by GFP. They are not always posted but you can access these blocks without obtaining permission. Many times they do buffer state owned game land but you need to refer to the game land maps which are pretty easy to read. Respect the boundaries.

However, I believe it was North Dakota that is the one that allowed anyone to hunt non posted land.
Was recently in North Dakota and confirmed with DNR and local warden, if it isn’t posted every 1/4 mile and every gate, it is absolutely fair game. Even if the land is fenced, it is fair game if not posted.

The way he explained it was they mostly did this because finding the landowner, most of the time, was impossible. If you could, they usually didn’t want to be bothered by people calling to ask permission. If they cared enough, they’d put a few signs up, and many have.


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SpellNC9

Spike
The property was NOT posted and I did not go back after I was told to leave. I was given permission to retrieve my traps the following day, which I did, walking up the river instead of passing through the HOA.

I highly doubt Karen would have given me permission to trap there if I asked.
 

7mm-08

Twelve Pointer
So maybe he got an unjustified ticket if the game warden showed up first. The judge will sort the legal out.
Right or wrong I’m not going to enable it. It’s a crappy thing to do. It’s close enough to people’s ideals and wallets to be a grey area despite the G.S.


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turkeyfoot

Old Mossy Horns
Are there not states that are like that? I seem to remember the hunting public hunting somewhere that butted up to public and they were allowed to hunt on it because it wasn’t posted?


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Few states but very few ND and New Hampshire are couple
 

jcannon

Twelve Pointer
Pay your fine and move on lesson learned
At least get a lawyer pay whatever you need to, but don't just mail in the fine and be done with it. Most wildlife tickets are misdemeanors and that will be on your record forever. Let the lawyer work for you and get you the best possible outcome and hopefully you will learn from this
 

ncscrubmaster

Ten Pointer
Contributor
What did he right you for trespassing or trapping without permission. I think your good either way. How did she get him there so quick. Must have had him on speed dial.
 

ellwoodjake

Ten Pointer
I beat a similar ticket years ago. The judge asked the GW straight up if I was hunting on this property. As soon as he told the judge "no, his shotgun was unloaded and broke down" he dismissed it. Landowner was not pleased. I walked completely around the property after that, but always shot right at backdoor, which was only a few feet from the property line.
 

stilker

Old Mossy Horns
At least get a lawyer pay whatever you need to, but don't just mail in the fine and be done with it. Most wildlife tickets are misdemeanors and that will be on your record forever. Let the lawyer work for you and get you the best possible outcome and hopefully you will learn from this
On second thought he might be ok on this one his first warning probably get it thrown out
 

Prune

Four Pointer
How he get there so quick ...let me guess you toted the beaver you caught day before out thru HOA
Trappers need written permission on all lands ..only public & untitled you don't.
But you can't use any land as right a way to get to public without written permission
 

np307

Eight Pointer
Lots of opinion flying around as law in here. And while in this case those opinions would keep you out of trouble, continuing to rely on what you've heard or always knew to be true or anything else that isn't the actual law is a good way to find yourself in violation.
 

SpellNC9

Spike
What did he right you for trespassing or trapping without permission. I think your good either way. How did she get him there so quick. Must have had him on speed dial.
Trapping without written permission.

NO I didn't "TOTE" anything out of there, we used buckets and bags to carry out.

Karen said "we have you on camera" She also said we heard "Shots fired" when I dispatched the beaver with a 22 CB that is no louder than a pellet gun. She was waiting for us no doubt.
 

CRC

Old Mossy Horns
If you were trapping without permission then you did break the law.

113-291.6. Regulation of trapping.

(a) No one may take wild animals by trapping upon the land of another without having in his possession written permission issued and dated within the previous year by the owner of the land or his agent. This subsection does not apply to public lands on which trapping is not specifically prohibited, including tidelands, marshlands, and any other untitled land.
 

7mm-08

Twelve Pointer
How he get there so quick ...let me guess you toted the beaver you caught day before out thru HOA
Trappers need written permission on all lands ..only public & untitled you don't.
But you can't use any land as right a way to get to public without written permission
Good catch. We got hung up on hunting and generally trespassing

§ 113-291.6. Regulation of trapping.
(a) No one may take wild animals by trapping upon the land of another without having in his possession written permission issued and dated within the previous year by the owner of the land or his agent. This subsection does not apply to public lands on which trapping is not specifically prohibited, including tidelands, marshlands, and any other untitled land.


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Ldsoldier

Old Mossy Horns
I haven’t read the rest of the thread, but I can tell you this. You have to have written permission from the landowner to set a trap in NC. Verbal permission is fine for hunting unless it’s either posted or there’s a local law requiring permission, but trapping requires written permission. There are no exceptions.
 

ddavenport

Four Pointer
Contributor
First, I don't think anyone should be on someone else's property to hunt, fish, or trap without the permission of the landowner or lessee. Having said that, I have had conversations with a game warden about this issue. My understanding is that the game warden typically will not cite a trespasser unless the property is posted in accordance with the law, which is all the way around the perimter of the property with signs or paint. Even if you can prove the trespasser rode right past a posted sign to gain entrance. That may change if they are caught a second time but not sure. There are some counties, Bertie is one, that require written permission to hunt on someone else's property posted on not. So you can get a ticket for hunting without written permission whether posted or not.
 

tjfreddy

Button Buck
Few states but very few ND and New Hampshire are couple
Vermont used to be that way as well (grew up there but have not hunted there in 20 years) when I was in high school you could hunt a property that was not legally posted. That has probably changed by now.
 

ellwoodjake

Ten Pointer
I'm still not clear on this. Were the traps set on HOA property?. Or were they set on public land, or other land, that you had permission to trap?
 

ellwoodjake

Ten Pointer
I would also check the county land records to see if the property in question actually belongs to the HOA or to some other individual in the HOA. "Karen" may not have any legal standing to run you off in the first place. She also wouldn't be the first person to do this. A co-worker of mine is in a HOA, but lets people who ask, recover bears and dogs across his property; much to the ire of other "Karens" He always tells hunters, "If anyone gives you any :poop: , tell 'em to come talk to me"
 
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41magnum

Twelve Pointer
Vermont used to be that way as well (grew up there but have not hunted there in 20 years) when I was in high school you could hunt a property that was not legally posted. That has probably changed by now.
grew up hunting private land in Pa, that was treated as public by most of the county........until a "club" bought the property and posted it.
 
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