Don't be a poacher.

[Muddyboots]

Yes, laws multiply like flies.
Building anything has become a dangerous legal hazard.
state, federal, and local codes....so many that even the experts don't really know if they are in compliance.

A recent study in Austin TX said that these layers of legalize FULLY DOUBLE the cost of building a home or apartment.

Just saying, knowing the basic concepts of good law is no longer sufficient.
If you have the time and money, you can keep anyone in court for the rest of their lives over nothing...absolutely nothing.

So, yeah...if you want to bring charges against your neighbor for some form of trespass, I'm sure you can find grounds.
But if I pay more lawyers longer....you may face harassment, or defamation, or discrimination torts....just be careful what you wish for...you may get it.

Laws are only good as enforced so yes I would double down on anyone legitimately caught trespassing. No different then the laws you referenced to construction, safety or environmental. Harassment cannot be applied to circumstances that are legitimate with evidence within the confines of due process.

 

[mdk777]

Laws are only good as enforced so yes I would double down on anyone legitimately caught trespassing. No different then the laws you referenced to construction, safety or environmental. Harassment cannot be applied to circumstances that are legitimate with evidence within the confines of due process.

Tell that to people that spend their entire lives defending themselves from made up charges.
Yes it may be a minority of criminal cases, but it is become the majority of civil cases.
If you read the fine print of any purchase agreement you make, you will see that you have forfeited all your consumer rights to "arbitration"
Read the fine print on any software you download to your phone or computer....I double dog dare you.
People are being sued for leaving bad reviews on YELP....Corporations claim that their service agreement precludes bad review reporting...

The punitive and exclusionary use of civil suits are used as
1. fishing expedition for extortion
2. stalling measure to achieve goals
3. means to bankrupt and dispirit
4. means to silence opposition

These are just a few of the rat holes you can go down.

I can give you a thousand examples of turning the tables by using countering suits.
In case you missed the news, Trevor Martins family is being sued for 10 million for defamation.
OJ won the court case but lost the civil case...pretty much ruined the rest of his life.
(doesn't matter how you or I saw the facts, he was acquitted)

Like I said, do what you want, but I am very careful not to get involved in endless litigation....whether I am completely in the right or not.

 

[Len Backus]

morning, problem, the land owner should have kept the horns,
thank the poacher for having the meat processed, and wrapped.
give the poacher a piece of the meat for all the trouble. then
let the law do it's job. yes there r poachers rich, poor and religious.
then u Nancy Pelosi ball face liar, farret face sh it , the pumpkin penguin nader.
justme gbot tum

Just country

WARNING FOR LANGUAGE AND POLITICS

 

[Muddyboots]

mdk77, nothing has been said that would deter me from exercising my legal rights. Anyone can threaten but if you have the case law then you fight.

When you fail to defend your rights you lose them.

 

[Deleted member 48126]

mdk77, nothing has been said that would deter me from exercising my legal rights. Anyone can threaten but if you have the case law then you fight.

When you fail to defend your rights you lose them.

this is the only good comment of this entire thread (minus just country's funny comment). Yes I'm including my stupid comments.

 

[X47guy]

@mdk777

Do you actually know the definition of poaching? If so, please post that definition.

 

[Deleted member 48126]

@mdk777

Do you actually know the definition of poaching? If so, please post that definition.

I don't agree with mdk777 angle but he definitely knows. I mean the guy has some pretty intelligent posts, even though I don't agree with it. We can all disagree but still get a long and respect each other.

I mean he's a gun owner so he's like 10,000x better den dem libs.

 

[mdk777]

@mdk777

Do you actually know the definition of poaching? If so, please post that definition.

I already did.
In the US, it means breaking game laws(out of season, without lic. beyond limits..etc.).
I have tried with little success to separate game law from land law here.
We do not recognize the EU version of taking game from someone else land.
You can not steal something that does not belong to the land owner.
This distinction between old EU common usage and our actual laws was the entire point of my posting.
We do not have game preserves that are handed down through hereditary title, or even land ownership rights.
There are no poaching laws in the US.
Game management laws only.
Land ownership, trespassing laws.
No poaching laws as many here seem to think should exist(taking game animals off someones land) As many have noted, you need to actively prohibit and POST....it requires active enforcement of the landowner....it is not the presumption .
As the man from Arkansas noted, you can enforce the failure to pay a fee to enter posted land right...not a poaching right.

The recreation trespass laws apply to a host of other activities.
Boating, ATV, Motorcycles, hang gliding.

The act of taking state game animals legally is not prohibited, it is the trespassing coupled with it that is unlawful in the US( with different statues and degrees of enforcement and penalties as already discussed...I do not dispute)

 

[X47guy]

the illegal practice of trespassing on another's property to hunt or steal game without the landowner's permission.

That is the definition of poaching. It is also called trespassing to hunt in most states.

 

[X47guy]

And there are thousands of other ways to write that definition but it all boils down to trespassing to hunt.

 

[dragon798]

Well, just to be clear
In most states, game animals are public and not private property.
Trespassing in itself is not poaching.
You can certainly seek remedy for the trespassing, but the deer on your property does not "belong" to you. Poaching is defined as out of season or without lic...not by trespassing.
Not having the proper tag is where the Gent got in trouble...not that he took it on his neighbors land.

Just saying.

There are exceptions of course for private game preserves, exotic animals, game that is actually "owned" by the land owner.

But in the US, we reject in large part the concept of "reserved" game.

In Ohio it is illegal to hunt on private property that you don't have written permission to be on. You can't even retrieve game on private property without written permission. Taking game in any manner not consistent with state regulations is poaching.

 

[mdk777]

the illegal practice of trespassing on another's property to hunt or steal game without the landowner's permission.

That is the definition of poaching. It is also called trespassing to hunt in most states.

No, you will not find "steal game" in any law.
You cannot steal what the land owner does not own.

I know you find this offensive.
You can prohibit an activity.

You cannot claim a right to "own" a public good.

If you could, then you could claim the right to set your own hunting season, your own limits. Words have meaning and consequence.
If the wild animal is part of your property, then you have the right to control it.

It is not tied to the property, hence it is not yours to control.

It is the underlying necessity of all our State game laws.

 

[X47guy]

Yes you can steal game.

Taking a live coyote out of a foot trap is stealing game.

Taking pigs out of a live trap is stealing game.

I am really curious as to why you don't understand this?

 

[X47guy]

poaching is trespassing to hunt. I don't know what fantasy world you live in where poaching isn't defined as hunting illegally whether out of season or trespassing but that must be a world free of laws.