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



 
 
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  #23  
Old December 4th, 2006, 10:37 AM posted to rec.outdoors.fishing.fly
Tom Littleton
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Posts: 1,741
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


wrote in message
...
....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...



that's my fishing hat, you nitwit!g
Tom


  #24  
Old December 5th, 2006, 01:51 AM posted to rec.outdoors.fishing.fly
duty-honor-country
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Posts: 16
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


Opus wrote:
"the lying liberal from Lancaster" wrote in
message

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


I'm curious as to your *point*.

Are you tryin' to inform those who may wish to exclude hunters from their
land, in Penn,, that they might wish to post their lands?

I mean, it's not as though you are creating any original work of your own,
right? http://www.law.duke.edu/shell/cite.pl?54+Duke+L.+J.+549

Or, is this just another pointless post from a pointless TROLL?

Again, just curious.

Op



Points intended a

#1 if you own land, and live in a posting statute state- then post it-
don't expect hunters to stay out, if you're too lazy to get off your
butt and post the land as the law REQUIRES. We post our land, you can
post yours too- if the state statute requires it. Some landowners get
a feudal king mentality that just because they own land, they aren't
subject to state laws about the land. Wake up, and know the laws about
your property. You posted the link, just like I did- but how many
hunters and landowners are aware of that info ? not many...

#2, if you're a hunter, and the land is posted- don't enter without
asking for permission

#3, if the land is NOT posted, and you live in one of the "posting
statute" states- you can enter the land LEGALLY without the permission
of the landowner- THAT'S THE LAW- and if landowners don't like it, he
can tell you to leave- and you have to leave- but if the landowner
doesn't like it, again- he shoujld get off his lazy butt and post his
property, as the statute requires.

#4, if the land isn't posted, and the landowner asks you to leave, you
have to leave

  #25  
Old December 5th, 2006, 01:58 AM posted to rec.outdoors.fishing.fly
duty-honor-country
external usenet poster
 
Posts: 16
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


JR wrote:
the lying liberal from Lancaster wrote:

read it yourself here, it's the LAW

https://www.law.duke.edu/shell/cite....Duke+L.+J.+549


That's a very interesting document. I've just read the relevant
section of the Oregon Revised Statutes. Thanks for the link,
whoever you are.

- JR



at last someone with an open mind that sees this info for what is
really is- a truly revealing piece of legal advice for both
hunters/fishermen and landowners- we all need to know the letter of the
law, otherwise one may get pushed around- or start pushing others
around- when in reality, they are acting within their legal rights.

for instance, I would not even attempt to press charges against a
trespasser on our land here, unless I had it posted per statute spec to
begin with- because now I know, without those yearly updated posters- I
don't have a legal leg to stand on in court- the trespasser will walk,
and I'll be wasting attorney's fees

second, if I'm hunting elsewhere, and it's not posted, I know I can
legally enter and hunt there- if and when a landowner appears and asks
me to leave, I will of course leave- after informing him that in
reality, it's partly his fault- he didn't post his land properly to
begin with- and I will carry a copy of the statutory laws with me at
all times in my hunting coat and fishing vest, and hand it to anyone I
believe needs to be informed about it- including law enforcement and
landowners-it helps to know my rights at all times

knowledge is power

  #26  
Old December 5th, 2006, 02:01 AM posted to rec.outdoors.fishing.fly
duty-honor-country
external usenet poster
 
Posts: 16
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


Wolfgang wrote:
the lying liberal from Lancaster wrote:

...so what's your F-ING problem ?....


NAHAY?

It begins with an expensive education and is exacerbated by an absolute
dearth of anything to say, compounded by a remarkable (even for Usenet)
inability to say it, and the (admittedly chocolate and vanilla)
assumption that if one doesn't believe it oneself, eveybody else MUST!


Simple......ainna?

Well, it IS......if'n yuh noes it in yer hahrt!

Wolfgang
absinthe......period.




translation:

a smokescreen from another person who is not man enough to admit when
he was wrong...and is too stupid to realize the info helps him whether
he's hunter/fisherman, landowner, all of the above, or neither...

  #28  
Old December 5th, 2006, 02:06 AM posted to rec.outdoors.fishing.fly
duty-honor-country
external usenet poster
 
Posts: 16
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


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


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?


Zzzzzzzzzzzzzzzzzzzzzzzzzzzz

Wolfgang
emeril oprah emeril latifah latifah absinthe emeril



(laughter...) pretty lame attempt at sarcasm, and someone missed the
point about the Mayflower, didn't they...

BWAHAHAHAHAHA !!!

as if I really meant they landed in Pa....

IQ of poster- less than 50 I'd estimate...

  #29  
Old December 5th, 2006, 02:23 AM posted to rec.outdoors.fishing.fly
Opus
external usenet poster
 
Posts: 406
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


"duty-honor-country" wrote in message
oups.com...


and now comes the window dressing that is a futile attempt to retreat
under a smokescreen of infantile insults...

meaning you don't own any land to post, regardless- and can't stand
being told what the law really is

too bad !


Bottom-line is that hunters need to know the laws of any state that they
intend to hunt. If they don't they deserve whatever they get.

You seem bent on hunting land that isn't yours, just because it isn't
posted? Around these parts, the best way to find out if you can hunt land
that isn't yours and isn't public land, is to ask the land owner for
permission first! Not after he has found you on his land and asked you to
leave and never come back.

Your attitude and logic is detrimental to all hunters. "If it ain't posted,
****'em! I'm gonna hunt it 'til they tell me otherwise!" The only thing
that creates is hostility toward hunters in general. Huntin' land is
becomin' scarce enough as it is, without anonymous ****s trying to stir up
****!

The deer in the link below was taken *on* my families property. The bottom
photo was taken by my game camera. The young man that killed the deer is
the son of a co-worker, who had no where to hunt and I invited him up to our
property. We have a small piece of land in the middle of 58,000 acres of
Pisgah National Forest game lands.

http://tinyurl.com/yzsw9x


Op --who has private property and allows decent hunters to hunt it.--


  #30  
Old December 5th, 2006, 02:28 AM posted to rec.outdoors.fishing.fly
duty-honor-country
external usenet poster
 
Posts: 16
Default hunters and landowners in Pa.- interesting rights and responsibilities under laww


vincent p. norris wrote:[i]
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



yes, trees get posted on more than anything- but there should be a
placard behind the poster- i.e. a square piece of plywood, etc. to hold
the poster flat, so it can be read- otherwise, in reality- the land
isn't posted per statute

I'm not advising to enter anyway if the poster is on a tree- but if
some hard-ass wanted to enter and dispute it, he'd have a valid, legal
reason to have the case dismissed

the landowner really has to walk the line when it comes to posting specs

 




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