Go Back   www.ifish.net > Ifish Fishing and Hunting > Ifish Hunting

Reply
 
Thread Tools Display Modes
Old 11-11-2008, 06:29 AM   #1
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Tresspass Question

I was ask to vacate a strip of land along a slough in the Columbia while duck hunting on Saturday. The man said he owned the land. No structures around or on it. It is not posted. Do I legally have to leave or does it have to be posted before I can be vacated?
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 06:39 AM   #2
Radke
Tuna!
 
Join Date: May 2002
Location: 45:29.265 N 122:18.377 W
Posts: 1,601
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
I was ask to vacate a strip of land along a slough in the Columbia while duck hunting on Saturday. The man said he owned the land. No structures around or on it. It is not posted. Do I legally have to leave or does it have to be posted before I can be vacated?
It does not have to be posted. The assumption is that unless you have permission, you don't have permission to cross private land. I remember reading in the ODFW regulations that it doesn't have to be fenced or anything. If you come across a piece of land that has been tilled or otherwise appears to be managed, it is as good as being fenced and posted.
Radke is offline   Reply With Quote
Old 11-11-2008, 06:46 AM   #3
smalldog
Tuna!
 
Join Date: Nov 2007
Location: Milwaukie
Posts: 1,762
Default Re: Tresspass Question

You were informed that it was private and asked to leave. End of story.
smalldog is offline   Reply With Quote
Old 11-11-2008, 06:46 AM   #4
Radke
Tuna!
 
Join Date: May 2002
Location: 45:29.265 N 122:18.377 W
Posts: 1,601
Default Re: Tresspass Question

Whoopppsss.

Now that I opened my mouth like I really know something, I thought I better check my facts. And, the facts don't jive with what I just posted.

Embarassingly yours


Radke




105.700 Prohibiting public access to private land; notice requirements; damages.

(1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:

(a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and (b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.
(2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:

(a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:

(A) Must be no smaller than eight inches in height and 11 inches in width;
(B) Must contain the words "Closed to Entry" or words to that effect in letters no less than one inch in height; and (C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.
(b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:

(A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ____ MILES"; or (B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.
(3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.
(4) An award of liquidated damages under this section is not subject to ORS 18.535, 18.537 or 18.540. (5) Nothing in this section affects any other remedy, civil or criminal, that may be available for
Radke is offline   Reply With Quote
Old 11-11-2008, 08:34 AM   #5
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

So, sounds like I can hunt there unless posted as per above. I probably won't but it's nice to know what you can and can not do in a situation like this.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 08:52 AM   #6
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
So, sounds like I can hunt there unless posted as per above. I probably won't but it's nice to know what you can and can not do in a situation like this.
No you cannot hunt there ever!!! The landowner asked you to leave and informed you that you were on private land and that you were trespassing. If you go back he can have you arrested as he all ready ask you to leave once.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 09:13 AM   #7
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
No you cannot hunt there ever!!! The landowner asked you to leave and informed you that you were on private land and that you were trespassing. If you go back he can have you arrested as he all ready ask you to leave once.
And you are basing this on what? Give me references. Not being a smartie pants. Just would like to know all the legal aspects of something like this.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 09:35 AM   #8
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
And you are basing this on what? Give me references. Not being a smartie pants. Just would like to know all the legal aspects of something like this.
As a landowner I deal with it all the time… If ask some one to leave my property and in form them in person that they are trespassing that trump’s any sign or paint…at that point they have been warned and know they are criminal trespassing if they come back and can be arrested.

The reason I know this is by experience, I have had the OSP at my place more than a few times for people trespassing.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 09:40 AM   #9
Mello-Yello
Tuna!
 
Join Date: Apr 2003
Location: Central Oregon
Posts: 1,747
Default Re: Tresspass Question

Why not just respect the landowner's request?
__________________
I refuse to believe in superstition for fear it might bring me bad luck.
Mello-Yello is online now   Reply With Quote
Old 11-11-2008, 09:43 AM   #10
Eagleclaw
King Salmon
 
Eagleclaw's Avatar
 
Join Date: Jul 2007
Location: Canby
Posts: 6,127
Default Re: Tresspass Question

how do we know the guy owns the land in question??? i would leave if asked to but just asking a question don't shoot the messenger please.
Eagleclaw is offline   Reply With Quote
Old 11-11-2008, 09:48 AM   #11
PDX-Mike
Fry
 
Join Date: Dec 2006
Location: Portland
Posts: 6
Default Re: Tresspass Question

Why do you think you have a right to hunt there?
PDX-Mike is offline   Reply With Quote
Old 11-11-2008, 09:52 AM   #12
ChinookEdition
Coho
 
ChinookEdition's Avatar
 
Join Date: May 2008
Posts: 84
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
No you cannot hunt there ever!!! The landowner asked you to leave and informed you that you were on private land and that you were trespassing. If you go back he can have you arrested as he all ready ask you to leave once.
Relax, If its not posted how is a person supposed to know, all this guys was doing was asking a question and thats it end of story.
ChinookEdition is offline   Reply With Quote
Old 11-11-2008, 09:53 AM   #13
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by Eagleclaw View Post
how do we know the guy owns the land in question??? i would leave if asked to but just asking a question don't shoot the messenger please.
Another way to put it is, if I come to your place and hang out in your back yard with my gun or set up my BBQ and you ask me to leave how do I know you own the land?
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 09:56 AM   #14
fishin' is livin'
Ifish Nate
 
Join Date: Jul 2008
Location: Lincoln City and The Dalles for awhile
Posts: 2,902
Default Re: Tresspass Question

Quote:
Originally Posted by Eagleclaw View Post
how do we know the guy owns the land in question??? i would leave if asked to but just asking a question don't shoot the messenger please.
In regards to asking people to leave and NOT owning the land, I had a similiar situation a few years back. An older gentleman had chained and locked a gate that was a public right of way, in his eyes, people were tresspassing by using the road which ran along his property. he stood guard on opening morning, while several groups decided that it was'nt worth it, we had used that area for many years, and were aware of the laws. We asked him to remove the lock, or OSP would remove it for him. He knew he was in the wrong and removed it and left. Meaning of the story, know the area that you are using, and know the law for the area that your using. There are people who think they have the right to restrict access mearly on their own accord, and there are poelple who think they have the right to access mearly on their own accord.
fishin' is livin' is offline   Reply With Quote
Old 11-11-2008, 10:06 AM   #15
RU1234
Coho
 
RU1234's Avatar
 
Join Date: Jul 2006
Posts: 61
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
And you are basing this on what? Give me references. Not being a smartie pants. Just would like to know all the legal aspects of something like this.
I'm no lawyer, but do have some experience in this area. In a way you are dealing with two separate issues here. The ORS Radke posted would be the statute you would refer to if this landowner called the police on you that day to have you cited for trespass. Your defense would be that you had no way of knowing it was private because it was not posted.

However, ORS 164.245 reads as follows:

164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.
(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

Once he told you that you were trespassing and asks you to leave and you don't, then you are committing criminal trespass. Then, if you are in possession of a firearm you have violated this statute:

164.265 Criminal trespass while in possession of firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.
(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

ORS 105.700 outlines how you are to close lands permanently. It has nothing to do with a landowner finding you on his property and telling you to leave. You were not in violation by being there if it was not posted, but once you were told to leave you had to leave. If you didn't violated at least one crimnial statute.


Cheers.
RU1234 is offline   Reply With Quote
Old 11-11-2008, 10:10 AM   #16
Eagleclaw
King Salmon
 
Eagleclaw's Avatar
 
Join Date: Jul 2007
Location: Canby
Posts: 6,127
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
Another way to put it is, if I come to your place and hang out in your back yard with my gun or set up my BBQ and you ask me to leave how do I know you own the land?
ok.. Like i said before if someone asked me to leave i would.
Eagleclaw is offline   Reply With Quote
Old 11-11-2008, 10:21 AM   #17
rrust1
Steelhead
 
Join Date: Jan 2008
Posts: 483
Default Re: Tresspass Question

As someone in the know... Trespass does NOT require knowledge, only action, that is the act of being on someone's property.

That said, do a title search... I find hunting around the willy that many folks try and exclude hunters from land they don't own. (You can research this on the County's GIS site--most Oregon counties have one.)

Additionally, you CAN hunt to the high-water mark on tidally influenced waters in Oregon. So, if you access by boat, plane or parachute, you can hunt the "strip of land" along the slough if it is tidally influenced and below the high-water mark.
rrust1 is offline   Reply With Quote
Old 11-11-2008, 10:21 AM   #18
Smoked Salmon
Tunaholic!
 
Smoked Salmon's Avatar
 
Join Date: Aug 2005
Posts: 16,694
Default Re: Tresspass Question

Or, you could strike up a conversation with the guy, carefully dropping hints about how careful you are, and how you would like to hunt his land, and would have called if it had been posted, and if not does he have any recommendations of other places to hunt.
__________________

Smoked Salmon is offline   Reply With Quote
Old 11-11-2008, 10:39 AM   #19
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by Eagleclaw View Post
ok.. Like i said before if someone asked me to leave i would.
And most people would leave but there have been a few that wouldn’t. And I’m sure there are landowners and land leasers that try to claim more land then they have. I know a spot in eastern Oregon were hunting clubs or guides have leased land from a rancher and claim land that is public land. Went to the courthouse in Vail and proved it.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 10:47 AM   #20
Old Guys Rule
Chromer
 
Old Guys Rule's Avatar
 
Join Date: Sep 2006
Location: Salem
Posts: 788
Default Re: Tresspass Question

Bottom line is if you are not POSITIVE you have permission and someone chases you off, leave.

If you are positive you have permission and the person is bluffing, leave and call the sheriff NOW to get it sorted out. I have had a few experiences where locals have posted or blocked access and once I confronted them with facts they knew I could not be scared off, they backed off.

Property boundaries change a lot, BLM and NFS maps are always out of date, especially with all the land swaps happening. Tresspassing with a gun is criminal tresspass. Not worth the ticket.
Old Guys Rule is offline   Reply With Quote
Old 11-11-2008, 10:52 AM   #21
buglingobblers
Steelhead
 
Join Date: Sep 2008
Posts: 257
Default Re: Tresspass Question

i don't think a property owner has to post their land. i think it our duty as hunters to research an area if you are not sure. this could save alot of headache. we blacktail hunt an area that has private land all over the place but there is BLM land mixed in. we got on a web site that gave us property lines and showed ownership and then compered it to another map to make sure we were not tresspassing.
buglingobblers is online now   Reply With Quote
Old 11-11-2008, 11:23 AM   #22
garyk
King Salmon
 
Join Date: Jul 2000
Location: On the BIG River, Columbia Co.
Posts: 11,112
Default Re: Tresspass Question

Quote:
Originally Posted by rrust1 View Post
Additionally, you CAN hunt to the high-water mark on tidally influenced waters in Oregon. So, if you access by boat, plane or parachute, you can hunt the "strip of land" along the slough if it is tidally influenced and below the high-water mark.
In this instance, that is the most important fact. Coupled with -- are you getting onto that strip of slough land without tresspassing above the mean high water mark?
__________________
End the Corking, the Lower Columbia's Economic Engine is a Fishing Reel!

Welcome, to the days you've made.
IFisher 234
garyk is offline   Reply With Quote
Old 11-11-2008, 12:03 PM   #23
adipose
Steelhead
 
Join Date: Oct 2001
Location: Warren
Posts: 146
Default Re: Tresspass Question

I have kicked people off my property and there hasn't been no signs at times.

When OSP or sheriff shows up, it is a losing battle for the person that stayed there claiming he has a right or is not aware.

If you go and hunt; did you research who legally owns the land you are standing on; if not, don't hunt there?

Every year, there is arguements from people, including desent ones. Why?

Last week, I caught a guy with a chain from his truck to a gate; trying to rip it off, right after he and his friends shot hundreds of rounds and left trash. I was enjoying my day off, deer hunting and had to go through hours of the system, because of their actions.

I glad there is so much closed lands because of these actions and personally, I hope they close more.

So everyone that keeps wanting to argue about these land trespass issues; go right ahead. You are wasting your energy in the wrong areas.

Keep coming up with the "what if" and "But" senerios.

But unless you have been charged with criminal trespass and go to court with the potential of a 5,000 fine, 30 days in jail and a felony on your record, keep on arguing.

Nowaday, judges and law enforcement are mostly on the land owners side.
adipose is offline   Reply With Quote
Old 11-11-2008, 12:09 PM   #24
fishboys
Sturgeon
 
Join Date: Jan 2004
Location: Mayberry
Posts: 4,151
Default Re: Tresspass Question

If you dont make the effort to find out who owns the land you are standing on, you dont have the right to be there. Stupidity is not really a good excuse. But for some, its all they got.
__________________
Team IDGAF
fishboys is online now   Reply With Quote
Old 11-11-2008, 12:11 PM   #25
bignate
Chromer
 
bignate's Avatar
 
Join Date: Nov 2003
Location: Gods Country
Posts: 921
Default Re: Tresspass Question

Quote:
I have kicked people off my property and there hasn't been no signs at times.

When OSP or sheriff shows up, it is a losing battle for the person that stayed there claiming he has a right or is not aware.

If you go and hunt; did you research who legally owns the land you are standing on; if not, don't hunt there?

Every year, there is arguements from people, including desent ones. Why?

Last week, I caught a guy with a chain from his truck to a gate; trying to rip it off, right after he and his friends shot hundreds of rounds and left trash. I was enjoying my day off, deer hunting and had to go through hours of the system, because of their actions.

I glad there is so much closed lands because of these actions and personally, I hope they close more.

So everyone that keeps wanting to argue about these land trespass issues; go right ahead. You are wasting your energy in the wrong areas.

Keep coming up with the "what if" and "But" senerios.

But unless you have been charged with criminal trespass and go to court with the potential of a 5,000 fine, 30 days in jail and a felony on your record, keep on arguing.

Nowaday, judges and law enforcement are mostly on the land owners side.



Very well said.

Sign or no sign, its still trespassing. More than a couple times I have been walking in to hunt private land only to see someone walking out...

The one man I caught up to simply said that there was no sign, so he could be there. He then turned around and walked away. I told him to have a nice day and to not come back.

Ignorance of the law doesn't mean your right.


nate
bignate is offline   Reply With Quote
Old 11-11-2008, 12:25 PM   #26
Blackbeardown
Chromer
 
Blackbeardown's Avatar
 
Join Date: Dec 2006
Location: Wallowa
Posts: 984
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
And you are basing this on what? Give me references. Not being a smartie pants. Just would like to know all the legal aspects of something like this.

Do you have your front yard posted "no trespassing"? Private property rights rule.

I think the owness is on you to prove that it is NOT private property. Go see your county assessor...they have it all at their fingertips.
Blackbeardown is offline   Reply With Quote
Old 11-11-2008, 12:31 PM   #27
Ni!
Ifish Nate
 
Join Date: Jan 2005
Location: Roundabout
Posts: 2,434
Default Re: Tresspass Question

There seems to be a common misconception that if there's no sign, you can't be charged for trespassing. Maybe that's why guys always rip down my No Trespassing signs before they trespass. **NEWS FLASH** That doesn't work.

Bottom line is, find out who owns the land before you use it. If it's private, you'd better get permission.
__________________
Ni!
Ni! is offline   Reply With Quote
Old 11-11-2008, 12:47 PM   #28
Grantspastor
Sturgeon
 
Grantspastor's Avatar
 
Join Date: Nov 2002
Location: Grants Pass, Oregon
Posts: 4,882
Default Re: Tresspass Question

I pretty much quit letting people hunt on my place because of the attitude of a few who couldn't quite understand that it was a privelege I was granting. If I had someone stand there and argue with me about whether or not they had a right to trespass on my place, I'd probably just get a big dog to negotiate for me...
Grantspastor is offline   Reply With Quote
Old 11-11-2008, 12:50 PM   #29
Tar Heel
Tuna!
 
Join Date: Jun 2007
Location: Oregon
Posts: 1,429
Default Re: Tresspass Question

In a very few states, hunters can enter private land that isn't posted. North Dakota comes to mind. In Oregon, as in most states, there may be a legitimate question over whether a given parcel is pubic or private in the first place (e.g., river high water mark, tiidal flood zone, easements...), but if it is private land, you need permission to hunt or enter. I had a guy kick me off of a flooded island in a navigable river last year, and to this date, I don't know if he was w/in his rights, or me mine. I left, as there were plenty of areas to hunt. I do think hunters should err on the side of private proprty rights, if for no other reason, to enhance our relatiohnship w/ private property owners who may allow us to use their land--if we have permision. If there is a legitimate question of whether the land in question is private or public, it still doesnt hurt to try to get permssion and avoid an impasse.
__________________
Cast n Blast
Tar Heel is offline   Reply With Quote
Old 11-11-2008, 12:58 PM   #30
sorefoot
Coho
 
Join Date: Mar 2006
Posts: 85
Default Re: Tresspass Question

There's two different systems at work, civil and criminal.

If a person post's his/her property in accordance with 105.700 and you are caught on it he/she can sue you in the civil system (where the burden of proof is much less) and extract money from you for your trespass.

The trespass mentioned in ORS 164 deals with the criminal side of the legal system, where the burden of proof is higher but you can go to jail, get probabtion, be fined, and (if you are hunting) have your hunting rights suspended.

The district attorney with prosecute one case and the landowners lawyer with prosecute the civil case.
sorefoot is offline   Reply With Quote
Old 11-11-2008, 01:07 PM   #31
Chesapeake
Sturgeon
 
Join Date: Aug 2005
Location: Washougal, WA
Posts: 3,821
Default Re: Tresspass Question

I look at it this way.

There is no land that isnt owned by someone. So if I want to hunt somewhere and I dont own the land it is my job to find out who owns the land before I go.

I dont know for certain, but I'm pretty darn sure the law feels the same.

If its not posted, fenced, or otherwise clearly marked you may get away with a warning for trespassing the first time, but you wont get a warning the second go round.

Its seems you didnt check who owns the land along the slough.
__________________
Rick Lee

"I'd have shot a bigger one, if he had shown himself first."
Chesapeake is offline   Reply With Quote
Old 11-11-2008, 01:58 PM   #32
willametteriveroutlaw
Sturgeon
 
Join Date: Nov 2001
Location: Milwaukie, OR
Posts: 3,513
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
I was ask to vacate a strip of land along a slough in the Columbia while duck hunting on Saturday. The man said he owned the land. No structures around or on it. It is not posted. Do I legally have to leave or does it have to be posted before I can be vacated?
If you were below the high water mark then you could be okay to hunt..
__________________
"There's no such thing as soy milk. It's soy juice.”
willametteriveroutlaw is offline   Reply With Quote
Old 11-11-2008, 02:54 PM   #33
riverswild
Steelhead
 
Join Date: May 2005
Posts: 477
Default Re: Tresspass Question

Quote:
Originally Posted by ChinookEdition View Post
Relax, If its not posted how is a person supposed to know, all this guys was doing was asking a question and thats it end of story.
There is no such thing as "unowned" land. Everything is owned by someone. If you don't own it you better have permission. In WA you do not have to fence or post your property.
riverswild is offline   Reply With Quote
Old 11-11-2008, 03:06 PM   #34
re-run
Cutthroat
 
Join Date: Oct 2008
Location: N.W.Wash.
Posts: 22
Default Re: Tresspass Question

Quote:
Originally Posted by riverswild View Post
There is no such thing as "unowned" land. Everything is owned by someone. If you don't own it you better have permission. In WA you do not have to fence or post your property.
You hit the nail on the head...and so many people that know that play dumb.
__________________
"make it happen"
re-run is offline   Reply With Quote
Old 11-11-2008, 03:11 PM   #35
traks44
Tuna!
 
traks44's Avatar
 
Join Date: Jul 2005
Location: Pendleton/ Round up city
Posts: 1,659
Default Re: Tresspass Question

:lurk::lurk::lurk:
__________________
"Courage is being scared to death but saddling up anyway" J.W.
traks44 is offline   Reply With Quote
Old 11-11-2008, 04:09 PM   #36
Mad Mikey
Sturgeon
 
Mad Mikey's Avatar
 
Join Date: Dec 2001
Location: Gods Country
Posts: 4,519
Default Re: Tresspass Question

Quote:
Originally Posted by willametteriveroutlaw View Post
If you were below the high water mark then you could be okay to hunt..
I was going to ask the same thing, it could make a big difference.
Mad Mikey is offline   Reply With Quote
Old 11-11-2008, 04:25 PM   #37
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by willametteriveroutlaw View Post
If you were below the high water mark then you could be okay to hunt..
This land I was hunting is completely submerged by the tides twice a day. I believe this gives me the right to hunt that land? This man does not hunt or use this land in any way. It's just a strip of land about 25 yards wide next to some woods that is open and grassy. His house is a couple of hundred yards away and he doesn't want to hear the gunfire.

Last edited by arkansasbasser; 11-11-2008 at 04:28 PM.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 04:39 PM   #38
lentz
Ifish Nate
 
Join Date: Jan 2006
Location: Pendleton, Oregon
Posts: 3,121
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
This land I was hunting is completely submerged by the tides twice a day. I believe this gives me the right to hunt that land? This man does not hunt or use this land in any way. It's just a strip of land about 25 yards wide next to some woods that is open and grassy. His house is a couple of hundred yards away and he doesn't want to hear the gunfire.
I would think that it would be ok to hunt below the high water mark AS LONG as you don't go onto private property...one of the our duck hunting areas is this same way.

It really doesn't matter if he hunts it or not. It really doesn't matter if he can hear shots or not. If it is his land then you can't hunt it unless he gives you permission and it seems that you do not have permission. Now, if you can find a way in other than through his propery then i would think that you could hunt it.

Last edited by lentz; 11-11-2008 at 04:45 PM.
lentz is offline   Reply With Quote
Old 11-11-2008, 04:39 PM   #39
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
This land I was hunting is completely submerged by the tides twice a day. I believe this gives me the right to hunt that land? This man does not hunt or use this land in any way. It's just a strip of land about 25 yards wide next to some woods that is open and grassy. His house is a couple of hundred yards away and he doesn't want to hear the gunfire.
You have been given advice, but it sounds like it might not have been what you wanted to hear… So I say go for it and go hunting and give it a try… please get back to us when or if you get a fine. I’m sure the OSP will get it straiten out for you.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 04:52 PM   #40
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by lentz View Post
I would think that it would be ok to hunt below the high water mark AS LONG as you don't go onto private property...one of the our duck hunting areas is this same way.
I will check to see what's legal. I won't hunt there if it's not legal. But I will if it is.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 04:53 PM   #41
wapiteaser
Ifish Nate
 
Join Date: Dec 2006
Location: On the Deschutes
Posts: 2,468
Default Re: Tresspass Question

Go to the court house and find out who legally owns the land. One of Bubba's buddies that likes to hunt there may have been trying to run you off his favorite hunting place. Check and see who really owns the land and surrounding land. Simple and easy to do.
wapiteaser is offline   Reply With Quote
Old 11-11-2008, 04:56 PM   #42
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by wapiteaser View Post
Go to the court house and find out who legally owns the land. One of Bubba's buddies that likes to hunt there may have been trying to run you off his favorite hunting place. Check and see who really owns the land and surrounding land. Simple and easy to do.
I did. It does belong to the guy.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 05:00 PM   #43
lentz
Ifish Nate
 
Join Date: Jan 2006
Location: Pendleton, Oregon
Posts: 3,121
Default Re: Tresspass Question

One other thing that i should mention. I am not the all-knowing, so definatly go get the right answer from the authorities.

One of our hunting spots is private land and we do have permission but here is something to think about. As far as we know, the land owners property goes to the middle of the river. The other side is owned by somebody else, so if we go on the other half then we would be tresspassing BUT that owner has told "us" that we can retrieve birds that go onto his property. We would rather hunt the other side but we take what we can get and be happy with that.
lentz is offline   Reply With Quote
Old 11-11-2008, 05:01 PM   #44
Smoked Salmon
Tunaholic!
 
Smoked Salmon's Avatar
 
Join Date: Aug 2005
Posts: 16,694
Default Re: Tresspass Question

So, what is the question then? It sounds to like you won't be talking to the landowner next time you try to hunt there. You'll be talking to law enforcement.

Is it the only place around that you can hunt?
__________________

Smoked Salmon is offline   Reply With Quote
Old 11-11-2008, 05:02 PM   #45
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
I did. It does belong to the guy.
Dude than what more are you after? I can see you getting felony charges.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 05:09 PM   #46
RedneckFishin
Steelhead
 
Join Date: Dec 2004
Location: La Grande/ McMinnville
Posts: 323
Default Re: Tresspass Question

its not worth getting a ticket over. respect the guys land. i guarantee you that with the right presentation, he may let you even hunt there. my parents own some land out of mcminnville and we frequently harvest 8-10 bucks a year off of the property. we have signs posted every thirty feet along the road that runs threw the middle of the property ( we have over 120 signs posting to stay out) anyways, we always have dads coming up to us asking if lil jonny can shoot his first buck off of our property, and we always let them. thats what hunting is, its making excellent memories and enjoying the hunt more than the harvest. i honestly dont think you could have an excellent experience hunting on this guys property if you know hes watching you and one slip up and youve got a ticket to pay, ya know? just my
__________________
if your going to be dumb, ya gotta be tough
RedneckFishin is offline   Reply With Quote
Old 11-11-2008, 05:17 PM   #47
Erich_870
Steelhead
 
Erich_870's Avatar
 
Join Date: Jul 2003
Location: Juneau, AK
Posts: 419
Default Re: Tresspass Question

Quote:
Originally Posted by lentz View Post
One other thing that i should mention. I am not the all-knowing, so definatly go get the right answer from the authorities.

One of our hunting spots is private land and we do have permission but here is something to think about. As far as we know, the land owners property goes to the middle of the river. The other side is owned by somebody else, so if we go on the other half then we would be trespassing BUT that owner has told "us" that we can retrieve birds that go onto his property. We would rather hunt the other side but we take what we can get and be happy with that.
If it is directly tied to the Columbia then the land below ordinary high water is public land, the property owner does not own that strip of land. The Columbia is a navigable waterway. That being said, you CANNOT legally cross private property to get to this strip of land. You have to receive permission or use public access.

Erich
__________________
"You need to hide like a ninja and put out a killer decoy spread..." Dave Smith
Erich_870 is offline   Reply With Quote
Old 11-11-2008, 05:18 PM   #48
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Here is an exerpt from Oregon's very own website http://www.oregon.gov/DSL/NAV/whoownsthewaterways.shtml

Question: Did the state ever grant any of its submerged and submersible land to private owners?
Answer: Yes. In the late 1870s, the Oregon State Legislature granted certain submersible lands (between ordinary low and high water) to the upland owners along several major Oregon rivers--the Willamette, Umpqua, Coquille, and Coos Rivers. This program was repealed in 1878. As a result of the grants, some present upland owners along these particular rivers do have ownership down to ordinary low water. In addition, along some other rivers, the state sold tidelands and other submersible land to private owners. Even where the state granted title to its submerged and submersible land to private individuals, the courts say that the granted lands are still subject to public use under the Public Use Doctrine. The extent to which state action may limit such rights is limited.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 05:22 PM   #49
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by lentz View Post
One other thing that i should mention. I am not the all-knowing, so definatly go get the right answer from the authorities.

One of our hunting spots is private land and we do have permission but here is something to think about. As far as we know, the land owners property goes to the middle of the river. The other side is owned by somebody else, so if we go on the other half then we would be tresspassing BUT that owner has told "us" that we can retrieve birds that go onto his property. We would rather hunt the other side but we take what we can get and be happy with that.
The land owner may have a deed which shows that he owns the land to the middle of the river, but he doesn't. And here's proof. http://www.oregon.gov/DSL/NAV/whoownsthewaterways.shtml
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 05:33 PM   #50
whtelk
Tuna!
 
whtelk's Avatar
 
Join Date: Apr 2007
Location: Lebanon, Oregon
Posts: 1,175
Default Re: Tresspass Question

Quote:
Originally Posted by fishboys View Post
If you dont make the effort to find out who owns the land you are standing on, you dont have the right to be there. Stupidity is not really a good excuse. But for some, its all they got.
I totally agree with the above.
whtelk is offline   Reply With Quote
Old 11-11-2008, 05:34 PM   #51
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
I did. It does belong to the guy.
I have dealt with hunters like you .

Now take Lents, he went and asked the landowner and the adjacent landowner to hunt and they let him. If someone came to my house and asked to hunt the nasty tasting duck’s and geese on my place I would say have at it, just take care not to tare up my fences close my gates and don’t leave your garbage around. It’s when they don’t ask is when I give out tickets.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 05:35 PM   #52
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by Erich_870 View Post
If it is directly tied to the Columbia then the land below ordinary high water is public land, the property owner does not own that strip of land. The Columbia is a navigable waterway. That being said, you CANNOT legally cross private property to get to this strip of land. You have to receive permission or use public access.

Erich
You are exactly right. And I can motor right up to this land from the slough that leads out to the river. I don't have to cross any private land.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 05:40 PM   #53
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
I have dealt with hunters like you and will say this, hunters like you give real hunters a bad name and its hunters like you that get private land closed to all hunters.

Now take Lents, he went and asked the landowner and the adjacent landowner to hunt and they let him. If someone came to my house and asked to hunt the nasty tasting duck’s and geese on my place I would say have at it, just take care not to tare up my fences close my gates and don’t leave your garbage around. It’s when they don’t ask is when I give out tickets.
I have asked to hunt this land and been denied.
It would be funny if you owned this land. When you tried to illegally have me arrested I would throw the Oregon Public Use Doctrine in. The law is the law. Agreed? According to this document, I was never trespassing. Agreed?

Last edited by arkansasbasser; 11-11-2008 at 05:42 PM.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 05:41 PM   #54
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Quote:
Originally Posted by arkansasbasser View Post
The land owner may have a deed which shows that he owns the land to the middle of the river, but he doesn't. And here's proof. http://www.oregon.gov/DSL/NAV/whoownsthewaterways.shtml
If the landowner has a deed that says it’s his then he pays taxes on it and it’s his just that simple…. ?
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 05:49 PM   #55
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

[quote=arkansasbasser;2253610]I have asked to hunt this land and been denied.
It would be funny if you owned this land. When you tried to illegally have me arrested I would throw the Oregon Public Use Doctrine inThe law is the law. Agreed? According to this document, I was never trespassing. Agreed?

Like I said people like you are the ones that get private land closed to all hunters, keep up the good work!!!
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 05:56 PM   #56
Erich_870
Steelhead
 
Erich_870's Avatar
 
Join Date: Jul 2003
Location: Juneau, AK
Posts: 419
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
Like I said people like you are the ones that get private land closed to all hunters, keep up the good work!!!
I understand your position on a hunter looking over bearing and leaving a bad impression for other hunters down the road, but there is also something to be said about not allowing misinformation prevent the public from using public land.

This is the very same fight Northwest Steelheaders used to take up on the behalf of fishermen. A misinformed (or sly) homeowner claims to own to the center of a navigable water way, then calls the sheriff on someone using the bank below high water. Many times the sheriff will improperly side with the owner and cite the person.

Being a difficult person and not just letting it end with being run off is not illegal.

Erich
__________________
"You need to hide like a ninja and put out a killer decoy spread..." Dave Smith

Last edited by Erich_870; 11-12-2008 at 08:33 PM.
Erich_870 is offline   Reply With Quote
Old 11-11-2008, 05:56 PM   #57
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
If the landowner has a deed that says it’s his then he pays taxes on it and it’s his just that simple….?
Obvioiusly you havn't read the link to Oregon's site that I posted. It covers the tax thing you mention. No dice. If he is paying taxes on submersible land, then he shouldn't and can get it stopped. If you are having a hard time with me acting within the law then that's your problem.

It is the guy that asked us to leave that wasn't within his rights. And I am sure that someone that has a deed to submersible land already knows that it can be accessed by the public. He's bluffing us. It pays to do some research. Thanks, No Luck and others for prompting me to do the looking.
arkansasbasser is offline   Reply With Quote
Old 11-11-2008, 06:02 PM   #58
No Luck
Steelhead
 
Join Date: May 2005
Location: Bandon Oregon
Posts: 185
Default Re: Tresspass Question

Like I said go for it, and see what happens and let us know.
__________________
Bandon Oregon
No Luck is offline   Reply With Quote
Old 11-11-2008, 06:07 PM   #59
tenmile
Steelhead
 
tenmile's Avatar
 
Join Date: Jan 2008
Location: Molalla / Coos Bay
Posts: 171
Default Re: Tresspass Question

you should go buy a piece of land that is similar to the one you got kicked of off and see how you would act when it got trespassed.
tenmile is online now   Reply With Quote
Old 11-11-2008, 06:08 PM   #60
arkansasbasser
Ifish Nate
 
Join Date: Apr 2008
Location: Rainier OR
Posts: 2,659
Default Re: Tresspass Question

Quote:
Originally Posted by No Luck View Post
Like I said go for it, and see what happens and let us know.
Let you know after this weekend.
arkansasbasser is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Cast to



All times are GMT -8. The time now is 09:20 PM.

Terms of Service
Page generated in 0.45814 seconds with 10 queries