private property

treedagain · Jun 25, 2017

Anyone know the laws on private property access, I have found the general laws but it does not say whether it needs to be posted or not?

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doz · Jun 26, 2017

PP is PP. If you are on it, you are trespassing without the owners permission. Some owners will allow you to hunt, others will not. I have only asked 1 and while a nice guy, he denied me the opportunity (but he also said he gets asked many times a year and he probably has his people already).

If you buy the ONX maps, it has a pretty good landowner map so you can see where PP is.

treedagain · Jun 26, 2017

LAST EDITED ON Jun-26-17 AT 06:50PM (MST)[p]thanks DOZ, I have a landowner chip, just curious if it is like Utah and if not posted or cultivated ground it is considered accessible.

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mevertsen · Jun 26, 2017

Read NRS 207.200. That explains it all.

Basically it's on the owner to post.

There are tons of acres of unposted private land out there.

treedagain · Jun 27, 2017

thanks mevertsen, that is good info.

doz · Jun 27, 2017

>Read NRS 207.200. That explains
>it all.
>
>Basically it's on the owner to
>post.
>
>There are tons of acres of
>unposted private land out there.
>

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

Straight from the NRS you stated. Basically, you are guilty until proven innocent which means legal issues. The law reads no differently than taking a game mammal by accidental killing (IE: road kill deer).

If the owner finds that you killed a deer on their land and wants to press charges, he can do so. While you may be able to prove in court that you were not willfully there with knowledge of it being PP, you still have to go to court and prove that (which means $$$$).

IMO, I would stay off. There is plenty of public land to be hunting and plenty of resources to find the private land of your hunt unit. Nevada is not like some other states where PP land rules the field.

treedagain · Jun 27, 2017

the land in question is not fenced or otherwise posted. all accessible from BLM/county roads.

>>Read NRS 207.200. That explains
>>it all.
>>
>>Basically it's on the owner to
>>post.
>>
>>There are tons of acres of
>>unposted private land out there.
>>
>
>3. It is prima facie evidence of
>trespass for any person to
>be found on private or
>public property which is posted
>or fenced as provided in
>subsection 2 without lawful business
>with the owner or occupant
>of the property.
>
>Straight from the NRS you stated.
> Basically, you are guilty
>until proven innocent which means
>legal issues. The law
>reads no differently than taking
>a game mammal by accidental
>killing (IE: road kill deer).
>
>
>If the owner finds that you
>killed a deer on their
>land and wants to press
>charges, he can do so.
> While you may be
>able to prove in court
>that you were not willfully
>there with knowledge of it
>being PP, you still have
>to go to court and
>prove that (which means $$$$).
>
>
>IMO, I would stay off.
>There is plenty of public
>land to be hunting and
>plenty of resources to find
>the private land of your
>hunt unit. Nevada is
>not like some other states
>where PP land rules the
>field.

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treedagain · Jun 27, 2017

basically it must be posted with paint...interesting 5a says barbed wire is says a fence/barrier.

NRS 207.200 Unlawful trespass upon land; warning against trespassing.
?????
????? 2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
????? (a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:
???????????? (1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
?????????????????? (I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
?????????????????? (II) Each corner of the land, upon or near the boundary; and
???????????? (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
????? (b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
???????????? (1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and
???????????? (2) Each corner of the land, upon or near the boundary;
????? (c) Fencing the area; or
????? (d) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.
????? 3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
????? 4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
????? 5. As used in this section:
????? (a) ?Fence? means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.
????? (b) ?Guest? means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.
????? [1911 C&P ? 500; RL ? 6765; NCL ? 10447]?(NRS A 1969, 96; 1975, 1169; 1987, 2086; 1989, 997; 2005, 930; 2007, 981; 2009, 141)

hornkiller · Jun 27, 2017

Did you find a buck to shoot?

buckhorn · Jun 27, 2017

treed
Looks like you found the answer for yourself.
Good work, Good post

treedagain · Jun 27, 2017

>Did you find a buck to
>shoot?

no buck, just trying to keep it between the lines.

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doz · Jun 29, 2017

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

Again, do what you want. Prima Facie will rule in the end if the owner chooses.

treedagain · Jun 30, 2017

LAST EDITED ON Jun-30-17 AT 07:39PM (MST)[p]Doz
if the ground is posted or fenced it is not legal to access the ground per the statute, but fenced according to the statute does not count barbed wire. all the property I am looking at has no fence (not even barbed wire) or posting thus it is legal to access

so no proper posting and minus the fence it is legal to access
prima facie does not apply

5. As used in this section:
????? (a) ?Fence? means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

I have confirmed this with 2 area offices, one being in the zone I am in with direct questions on the area I am looking at.

GONHUNTIN · Jul 1, 2017

There are several fences throughout Nevada that have chicken wire at the bottom of their barbed wire fence I assume that means no hunting

Homer · Jul 1, 2017

>There are several fences throughout Nevada
>that have chicken wire at
>the bottom of their barbed
>wire fence I assume that
>means no hunting

...or you could assume they have chickens

REDMAN1 · Jul 2, 2017

I was told the new laws state that it is supposed to be posted like every 50 or 100 ft so that way if you're standing at one sign you can see one to the right and one the left and the fence is supposed to be maintained. That was told to me by a game warden but then he also said if you know it's private property ((if it is general knowledge like the Winnemucca Ranch we all know that's private property)) you're on it you are getting busted.

Hope that helps. If it was me I would call the NDOW. I know local law enforcement agencies handle it differently and they are not very up-to-date on game laws or regulations.

mevertsen · Jul 2, 2017

>There are several fences throughout Nevada
>that have chicken wire at
>the bottom of their barbed
>wire fence I assume that
>means no hunting

I believe it is more prominent in sheep allotments. Lambs can scramble.

mevertsen · Jul 2, 2017

>I was told the new laws
>state that it is supposed
>to be posted like every
>50 or 100 ft so
>that way if you're standing
>at one sign you can
>see one to the right
>and one the left and
>the fence is supposed to
>be maintained. That was told
>to me by a game
>warden but then he also
>said if you know it's
>private property ((if it is
>general knowledge like the Winnemucca
>Ranch we all know that's
>private property)) you're on
>it you are getting busted.
>
>
>Hope that helps. If it was
>me I would call the
>NDOW. I know local law
>enforcement agencies handle it differently
>and they are not very
>up-to-date on game laws or
>regulations.

The trespassing statute is not in the game laws. It all applies to private residences, bars, etc. As well as hunting and fishing. The occupant can kick you out and if you come back, it's trespassing.

REDMAN1 · Jul 2, 2017

Yes sir that is true it is not a game law.

But if you are caught while hunting you will be written the ticket by a game warden if a ticket is written by another law enforcement officer my best advice is to fight it.

my nephew had a altercation on the far end of the UNR AG fields with UNR PD over shooting Jack rabbits and marmonts with his bow and I was called down to come deal with him and that is when it was explained to me by the game warden on what was entailed in the law. The game warden was very polite and explained to all of us including UNR PD that there was no fence, no signs and no gates that for him to write the ticket the property would have to be in compliance with the law. ""My knucklehead nephew knew he shouldn't have been there. his grandfather,dad and myself tore him a new ass over it""UNR wrote him a trespassing ticket against the recommendations of the game warden. knucklehead ended up in court where it was all dismissed after the judge looked up the law deliberated with the game warden and read it allowed for 20 min." Long law" except that he had to spend $100 to have that sweet little sign that's on McCarran and Clearwater way that says the whole area is no trespassing, no,shooting,no hunt and no fishing.

Like I said I would call NDOW and ask for a game warden and him explain it to you.