Posted by kcm.MN on November 26, 2017 at 11:23:00 from (174.219.4.53):
In Reply to: deer stand posted by stonerock on November 26, 2017 at 06:38:55:
Thanks for the added info Greg. However, seems to me all that would've been necessary would be for the landowner to return the stand at that time, with fair warning that any future stands found on his land will also come down.
I know laws vary from place to place, but any personal property that is left on someone else's private property can be removed (as in this case, to prevent the use of hunting) and held until such time as 1) either the owner can be found and the stand goes back to the original owner, or 2) that the stand stays there unclaimed for more than X number of days, whereby such time it becomes abandoned, according to the law.
There's a lot of legal mumbo-jumbo in all that mess that would be required of the landowner to have to do in order to be on the legal side of things, but the fact of the deer stand being there shows that the hunter was both trespassing and about to hunt illegally from that location. If the hunter didn't know whose land he was on, would he also know which directions are safe to shoot in? How many houses are just beyond that cluster of trees, out of sight?
Like many other folks, I've lived in areas where law enforcement didn't do squat to protect certain people or to fix certain problems. I suppose if the officer's personal morals saw no problem with the hunter having the stand on private property, then it wouldn't be a problem to him. ...I'm sure there's probably still more to that story. In any case, it's not up to the officer to dictate what the law is. The officer was responding to a complaint, and rightfully should have been neutral, and serving the needs and rights of both parties.
...Also would've helped if the landowner had left a note stating where the stand was, and to please come retrieve it.
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