Re: Pre-hunting season rant

Posted by jackinok on August 15, 2011 at 07:43:35 from (162.58.82.136):

In Reply to: Pre-hunting season rant posted by NY 986 on August 14, 2011 at 14:57:57:

dont know much about the specifics of the law,but I can tell you how it works in okla( for some strange reason).If you deny access,and person is injured while tresspassing,you CAN be held liable.Your option is to counter sue the tresspasser for willfull tresspass and damages you suffered.IF however you DO grant access,(and it has to be WRITTEN access,NOT verbal, ,DO NOT EVER UNDER ANY CIRCUMSTANCE WHATSOEVER,tell a good buddy,kinfolk,neighbor ,whatever, he can hunt or fish on you WITHOUT EXACT WRITTEN permission,to do so makes you in the eyes of the law an accomplice in whatever they do.or liable for any accidents they may have ,by signing a written paper THEY assume responsibilities for their own actions!!!!.),you cannot be held liable for accidents.this sounded stupid to me ,so i made it a point to ask a old judge i used to know.
The way he explained it to me was,this is designed to encourage land owners to grant access for hunting and fishing.
theoretically because of the written permission laws here,when you do grant access,the hunter is assuming full resposibility for his engaging in a sport that could be dangerous.but if the person was a tresspasser,on your place,its your responsibility to confront him/her,and/or report this to the local authorities,since the tresspass is against YOU,and the state unless game laws are broken is not involved.FAILURE to report,confront,or whatever makes you acomplice!Just as if you knew someone was selling drugs out of your garage and you failed to report it.BUT,I would warn you about confronting directly a person or persons tresspassing on you while hunting,you know they are armed,they know they are wrong,and they quite possibly could get violent when confronted with a fine or jail time.most places i think now have a setup where you can simply get the tag number of their vehicle and turn it in,once reported you are not liable,and it becomes a police matter.NOT neccessarily a matter regarding game officials,unless of course game laws are broken,at which times whatever charges connected with that is in "addition to".since tresspassing breaks no game laws per say,youve got to report this to local civil law officers,often a sheriff in rural areas.he in turn would involve wildlife people.
this was how it was explained to me,by a long time judge..now theres lots of variables here,some would argue that simply posting your land is enough, NOT so. if you have a tresspasser on you ,IMMEDIATLY CALL THE AUTHORITIES!!dont matter if its the neighbors kids,a freind whatever. failure to do so makes you liable ,wether they are simply fishing,or covering up dead bodies!
it sounds kind of stupid,but once you really think about it,it makes a certain amount of sense.

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