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

I found some interesting info on property rights in the state of Pa.-
turns out the right to hunt and fish on open property is protected by
statute, in favor of the hunter/fisherman, in the state of Pa. Check
this out:

Pennsylvania's statute, 18 PA. CONS. STAT. ANN. § 3503 (West 2000), is
based on the Model Penal Code's trespass provision, which does not
specifically mention hunting but requires posting (or fencing or
enclosing) to exclude all trespassers from land (posting is not
required for buildings and occupied structures). See also infra notes
\l "F88"- \l "F89"
\l "B63"

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."). Various secondary
sources provide general insight about whether and when landowners must
post to exclude hunters. The Model Penal Code's criminal trespass
provision, on which Pennsylvania's trespass statute is based, \l "F88"
requires landowners to post nonfenced land [*pg 565] (excluding
buildings and occupied structures) to exclude any would-be trespassers,
including hunters. \l "F89" The Restatement (Second) of Torts states
that,

[i]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"

§ 52 ("A license to hunt does not confer any right on the holder to go
upon lands owned by another, or to enter the enclosure of another,
without his permission. In the case of unenclosed land, however, the
right has sometimes been conferred by immemorial usage or by
constitutional provision." (footnotes omitted)).

CONCLUSION:

Twenty-nine states currently require private landowners to post their
land to exclude hunters, twenty-seven of these states by statute. The
posting statutes were an outgrowth of the American desire to ensure
that hunting was available to everyone, not just the rich and landed.
The statutes vary widely in their particulars, but the core idea behind
them -- that landowners must take often onerous steps to [*pg 585]
ensure that hunters do not enter their land -- exists in all
twenty-seven statutes. Whatever the merits of these statutes when first
formulated, as a result of social changes they now unfairly privilege
hunters over landowners.

TRESPASSING AND POSTING: THE LAWS
Some states have laws that specifically address trespassing while
hunting, and others rely simply on the general trespassing statutes of
the state. In 22 states posting is not required; that is, it is against
the law for hunters to trespass on private property without the
landowner's permission even if the land is not posted. Where posting
is required some states have laws specifying how to post land. But
trespassing and posting laws can be somewhat confusing, so we recommend
that you post your land even if you are not legally required to do so
at a minimum, posting strengthens your case when trying to combat
trespassing by hunters. Posting also identifies your property
boundaries so that hunters and law enforcement officers know where your
private property begins. We also recommend that you get to know the law
enforcement and wildlife officers who would enforce the trespassing
laws in your area so that they might better respond when you have a
problem.

The breakdown of states that do require posting of private property to
exclude hunters/fishermen/trespassers, is as follows-Property Owner
Must Post Land in the following states:

Alaska, Arizona, Arkansas, California, Florida, Idaho, Louisiana,
Maine, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North
Dakota, Oklahoma, Pennsylvania, Rhode Island, Texas, Utah, Vermont,
Washington, West Virginia, Wisconsin

I have been told that a trespass violation cannot be enforced in
Pennsylvania, unless a land owner has placed NO TRESSPASING signs at
intervals not to exceed 50 feet around the entire property. The signs
must be signed, dated, and replaced annually. Signs must be placed on
their own standard, not on trees or posts.

The posting statutes were designed to balance the rights of two
different groups: hunters and landowners. For many Americans, hunting
is an almost sacred activity, one enshrined in the national culture.

The posting statutes create an obvious problem: they pit the rights of
one group, hunters, against the rights of another group, landowners.
The rights of both groups are powerful. For hunters, the right to hunt
and trap on all land has its source in the early national egalitarian
desire to allow everyone to hunt.

Municipalities do face one impediment if they decide to take action
against hunters -- preemption. The regulation of firearms (including
ownership restrictions and licensing) is a field that states have
traditionally occupied completely, thus preempting any municipal
ordinances in conflict with state law. \l "F194"

Basically a hunting and fishing license in the state of Pa. is a very
powerful thing. These laws were written so someone like Bill Gates with
his $80 billion is assets, can't buy up all the open land in a specific
state, and close it all to public access and recreation. Without these
posting statutes, we would live in a fiefdom/feudal state, where only
the well monied enjoyed property rights and the outdoors. The bottom
line is, if someone buys up a million acres somewhere, they better be
prepared to post a million acres on a yearly basis, to keep people out.
Otherwise it's considered open to public recreation.

Old, ragged posters nailed to the trees themselves, don't stand up in
court. I'm not advising walking into posted land that may have outdated
posters, or is posted incorrectly- but if lands are not posted at all-
you have the right to access- unless told to leave by the property
owner. In effect, if a property owner only posts one side of a large
square plot of land, the other 3 borderlines are still open to entry.

I'd advise any outdoorsman in the state of Pa. to copy this writeup,
and put a copy in your wallet- in case you are ever stopped while
hunting or fishing. The reality is, most landowners, policemen, and
outdoorsmen don't know the letter of the law.

To anyone who is a property owner, take heed- post your property
according to the letter of the law- and you won't have to patrol your
property and tell trespassers to leave in person. It's a lot easier to
update posters once a year, than to patrol it 24/7/365 days a year.