Trespassing Laws??

Murdoc34

Active Member
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168
Over the past few weeks I have read multiple posts about hunting on private land without permission. I guess I'm confused. I've read that you can hunt on private land if it's not posted. I've read that the land has to be fenced off in order for it to be legal for the owner to keep people off. I've also read that the land owner has to post the land so many days in advance of the hunt.

I live in Idaho, but also hunt in Wyoming and Utah. Any help on what the laws really are would be great help.
 
Land in Colorado and Wyoming is considered PRIVATE and is the hunters Responsibility to know where heor she is at all times.

Colorado and Wyoming Landowners are not required to post their land to stop tresspassers from entering.

Wyoming written permission is required to hunt private land although it is not always enforced to have written permission.

Sorry do not know about Utah

No matter the law it would be the best thing to contact the land owner and get written permission to hunt first

THE LORD IS MY ROCK
COLORADO,USA
NRA LIFE MEMBER
HUNTING PASS IT ON
 
Wyoming Title 23 from the Wyoming Legislative Service Office website: No person shall enter upon the private property of any person to hunt, fish, or trap without the permission of the owner or person in charge of the property.�� Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

In Wyoming there is also a Criminal Trespass law, which would apply to the general public. This law would require the land to be posted, or the owner, agent of the owner, or law enforcement to verbally trespass you.

Do you guys think it is unconstitutional there is second specific trespass law for hunters? Would you have an arguement in court? I think it is descrimination against hunters. What if the State of Wyoming made a law that doubled the speeding fine for minorities, but non-minorities will get the regular fine. That would certainly be unconstitutional. I asked a friend, who says hunters are not a protected class, and therefore, may not have an arguement in court. What do you guys think?
 
Utahs law.

Note "cultivated land"



23-20-14. Definitions -- Posted property -- Hunting by permission -- Entry on private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers -- Promotion of respect for private property.

(1) As used in this section:
(a) "Division" means the Division of Wildlife Resources.
(b) "Cultivated land" means land which is readily identifiable as:
(i) land whose soil is loosened or broken up for the raising of crops;
(ii) land used for the raising of crops; or
(iii) pasturage which is artificially irrigated.
(c) "Permission" means written authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and must include:
(i) the signature of the owner or person in charge;
(ii) the name of the person being given permission;
(iii) the appropriate dates; and
(iv) a general description of the property.
(d) "Properly posted" means that "No Trespassing" signs or a minimum of 100 square inches of bright yellow, bright orange, or fluorescent paint are displayed at all corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land. If metal fence posts are used, the entire exterior side must be painted.
(2) (a) While taking wildlife or engaging in wildlife related activities, a person may not:
(i) without the permission of the owner or person in charge, enter upon privately owned land that is cultivated or properly posted;
(ii) refuse to immediately leave the private land if requested to do so by the owner or person in charge; or
(iii) obstruct any entrance or exit to private property.
(b) "Hunting by permission cards" will be provided to landowners by the division upon request.
(c) A person may not post:
(i) private property he does not own or legally control; or
(ii) land that is open to the public as provided by Section 23-21-4.
(3) (a) A person convicted of violating any provision of Subsection (2) may have his license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer.
(b) A hearing officer may construe any subsequent conviction which occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years.
(4) Subsection (2)(a) does not apply to peace or conservation officers in the performance of their duties.
(5) (a) The division shall provide information regarding owners' rights and sportsmen's duties:
(i) to anyone holding licenses, certificates of registration, tags, or permits to take wildlife; and
(ii) by using the public media and other sources.
(b) The restrictions in this section relating to trespassing shall be stated in all hunting and fishing proclamations issued by the Wildlife Board.
(6) Any person who violates any provision of Subsection (2) is guilty of a class B misdemeanor.

Amended by Chapter 6, 2000 General Session



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Later, Brandon
 
Also in Wyoming, the landowner is required to sign the back of your license. However, in some cases, the landowner will only give you verbal permission. They will not sign you license, because of the civil liabilities if you get hurt on their land.
 
It does not have to be fenced to be posted....alot of hunters are going to be suprised when they show up in grouse creek this year.....ALOT of unfenced private ground WILL be posted. if you hunt around the radio towers it will be posted...invest in a BLM land status map and learn the boundrys.....
 
>This is good info. How about
>in Idaho? What are
>the specifics here?


If its cultivated (similar language to Utah's posted by Browtine)or artificially irrigated pasture than it does NOT have to be posted. This includes CRP.

Non cultivated ground must be posted with signs or 100 sq inches of fluorescent orange paint or entire orange metal fence post every 660 feet around the property AND at reasonable access points.

I believe that if the property is not posted, the owner/agent can make you leave-its still trespassing-but cannot press charges.
 
That's good news about Idaho. I'm curious, has anyone had any experience with this. I imagine that there has to be a ton of private non cultivated land that is out there where the owner is nowhere to be found.

I'm an advocate for always asking permission, but sometimes that's not possible.
 
I don't know about a "ton" of land that is not posted. Certainly there is some. It really isn't that hard to drive around the border of your property with a can of orange spraypaint.

If you really want to hunt private go to the IDFG website and look at the "Access Yes" map of private land that is open to hunting. Most doesn't require permission, but if they do, all the contact info for the landowner is posted.

I think the Idaho rules are reasonable.
 

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