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hunters and landowners in Pa.- interesting rights and responsibilities under laww



 
 
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Old December 3rd, 2006, 11:45 PM posted to rec.outdoors.fishing.fly
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Default hunters and landowners in Pa.- interesting rights and responsibilities under laww

On 3 Dec 2006 13:37:42 -0800, "the lying liberal from Lancaster"
wrote:
[i]

wrote:
On Sat, 02 Dec 2006 21:09:33 -0500, vincent p. norris
wrote:

Pennsylvania courts generally hold that posting is required to exclude
hunters. See, e.g., Commonwealth v. Sweeley, 29 Pa. D. & C.4th 426, 433
(C.P. 1995) ("Open lands that are not posted or fenced off are presumed
open for recreational use by the public, especially in rural counties
where hunting and outdoor activities are common.").

f. . . it is the custom in wooded or rural areas to permit the
public to go hunting on private land . . . , anyone who goes hunting .
. . may reasonably assume, in the absence of posted notice or other
manifestation to the contrary, that there is the customary consent to
his entry upon private land to hunt or fish." \l "F90"

I live in Centre County, PA, and have always assumed that if I don't
see a NO HUNTING or NO TRESPASSING sign, I can hunt on that land.
Provided it's in the country and not obviously a home area, of course.

I've never had a problem.

. Signs must be placed on their own standard, not on trees or posts.

I would estimate that 99 and 44/100 % of the signs I've seen have been
on tree trunks.

vince


Un-flocking-believable...do you feel the need to post your home with a
sign that says "No one is allowed to come in and help themselves to
whatever they wish" to prevent people from doing such? Would you
support such a requirement? And how would you feel if you were required
to similarly post _every_ single possession you to which you have title?
As a landowner, I pay property taxes in a fair number of areas (and
can't homestead exempt) at the same rate as those who utilize the full
services those taxes support, and in several instances, I am required by
law to pay "non-resident" licensing to hunt or fish my own land. And
yet, if I don't post my land in a highly-specific method, I am construed
to be allowing its use as essentially open land. I make no claim to the
free-roaming game that might happen upon the land, only to my right to
control access to the land that I own. Yet you and others seem to think
trespass fair and just. So, I repeat - how to you feel about your own
home and possessions?

TC,
R



ps- as a landowner, you're pret-ty damn UNINFORMED about posting
statutes that have been in effect since the land was first settled by
the Pilgrims on the Mayflower...


Well whaddaya know - you learn something every day...I had no idea "the
Pilgrims on the Mayflower" first settled Pennsylvania...although, now
that you mention it, it might explain those funky-assed hats some of
them folks up yonder way tend to wear...

I guess it's time you "landowners" woke up and smelled the coffee ?


OK...have you decided yet?
 




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