You are absolutely incorrect on all accounts. Posting just elevates the level of the trespass in PA. You are still trespassing if you don't have permission to be on one's land, regardless of whether it is posted. There is also no law on type, spacing, number, etc of signs. Signs also don't need to be signed.
? about land posting (no hunting signs)
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Do you have that link? No offense, but I think I need to see that to believe it. Although I can't say it will surprise me as our courts have done stranger things.sdwlucas said:
Sdwlucas, I read the law when you posted that last time. You can't be prosecuted if you're on someone elses land unless you have warned them once to stay off. I was surprised by that.
In Ohio you need a signed written permission slip from the landowner (posted or not) to hunt on their property. It is up to a $500 fine for the first offense. The first thing a game warden will ask a hunter is "where's your permission slip to hunt here".
In Ohio you need a signed written permission slip from the landowner (posted or not) to hunt on their property. It is up to a $500 fine for the first offense. The first thing a game warden will ask a hunter is "where's your permission slip to hunt here".
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Can't a landowner just say he warned you? Or do they have to call the cops and file a report?
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I maybe wrong but if your caught on posted ground isn't that defient tresspass?
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PA ISN'T a Written permission state!bsneaky said:
That is WHY some of us want it to become a Written permission State!
Would then be easier for WCOs(with a little Tweek on the wording of WCOs scope of duty from within the Agency), PSP, Local LEOs to enforce the Trespassing code!
All you need in PA is a simple Yes, OK, Fine, by the land owner!
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WCO's are already spread so thin. Leave it to the police.
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Thank you for those who read and understood my response, I added the Crimes Code as an FYI on my previous post! You read and comprehend as you would like, not saying that all people read the same thing the same way.
If it were not so late, I'd call the DJ and see if he could explain the rules of PA again.
I also agree this is why land gets posted more and more each year, I'm trying to play devil's advocate.
There is case law and I will work my best to find it and post it one here. I didn't make up Title 18, it's the way it is, courts decide how to clarify the law.
If it were not so late, I'd call the DJ and see if he could explain the rules of PA again.
I also agree this is why land gets posted more and more each year, I'm trying to play devil's advocate.
There is case law and I will work my best to find it and post it one here. I didn't make up Title 18, it's the way it is, courts decide how to clarify the law.
I have posted land and caught a guy on it. I was told I would have to send the offender a certified letter stating if he was caught on the land AGAIN I would file criminal trespass charges. I had to do this because no way he would be fined without this documented warning. I detest the idea that someone feels because land is not posted they have some right to walk on and hunt. I have a guy that puts his ladder stand 10 yards off of my property facing into my property. Gee I wonder what his intentions are??? I plan on sitting nearby and letting him know it is not ok to hunt into my property. I dare say alot of the offenders claim entitlement because they hunted the land years ago.
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pa tresspass is disgusting.
i have seen people ripping down posted signs in the night.
i have seen people wear all camo during rifle season and be sneaking around on peoples property or in a tree stand that is placed with the idea of concealment to human eyes only, not deer.
i have seen people purposely walk a mile or more through the woods to enter posted property where their is a break in sign placement where public and private land adjoin.
i could probably go on if i felt like it. the percentage of people with no regards for tresspassing laws in pa is disturbing.
people should be glad their arent more folks like my paps brother-in-law. he spent some time in jail for shooting a guy that was a known poachern and on his land in the leg with a 22. i believe that was in the early 80's and he was living in washington state if memory serves me correct. granted, his mind isnt the best. he came back from vietnam a little goofy but i will say that he will tell anyone he wasnt aiming for the guys leg according to my paps story.
i have seen people ripping down posted signs in the night.
i have seen people wear all camo during rifle season and be sneaking around on peoples property or in a tree stand that is placed with the idea of concealment to human eyes only, not deer.
i have seen people purposely walk a mile or more through the woods to enter posted property where their is a break in sign placement where public and private land adjoin.
i could probably go on if i felt like it. the percentage of people with no regards for tresspassing laws in pa is disturbing.
people should be glad their arent more folks like my paps brother-in-law. he spent some time in jail for shooting a guy that was a known poachern and on his land in the leg with a 22. i believe that was in the early 80's and he was living in washington state if memory serves me correct. granted, his mind isnt the best. he came back from vietnam a little goofy but i will say that he will tell anyone he wasnt aiming for the guys leg according to my paps story.
I have a friend who has 30 acres where his house is,he has neighbers he has served with letters.He was told in hearing with the DJ that even though they were served he would still have to keep his property posted to take any further action against these people if he caught them on his land again if the land wasn't properly posted he could'nt have them prosecuted.
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Regardless of uniform regulations or laws at the state level, at the District Justice level, how the land needs to be posted, interpetation of the intent of the trespasser and how the hearing proceeds and convictions/fines are up to the DJ.
This is one reason why there is differing opinions.
We manage 11 properties in four counties and I have talked with most of the DJ's (or their office staff) over the last twenty years about posting requirements to achieve enforcement and convictions. They do vary from DJ to DJ. And I have been told by several DJ's that they will not find someone guilty unless the property line is "maintained" and clearly marked with signs within eyesight of each other.
Thankfully that line of thinking has been changing over the last twenty years.
This is one reason why there is differing opinions.
We manage 11 properties in four counties and I have talked with most of the DJ's (or their office staff) over the last twenty years about posting requirements to achieve enforcement and convictions. They do vary from DJ to DJ. And I have been told by several DJ's that they will not find someone guilty unless the property line is "maintained" and clearly marked with signs within eyesight of each other.
Thankfully that line of thinking has been changing over the last twenty years.
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Listen to yourselves. Indians lived on and hunted this land for thousands of years and had no word for the concept of ownership.
Nothing brings out selfishness like hunting.
Nothing brings out selfishness like hunting.
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