Tony and some legislator.

[publichunter]

Well Brad S. I am a decent hunter and I hunt the road ditches, you can also hunt the highway ditches if you choose to, the Interstate no it is illegal.
Brad if you were so smart you would know what you are talking about also, The Supreme Court ruled when some Commercial operators and fine South Dakota landowners challenged the legality of shooting a bird over their private property from the ROW and the subsequent un-armed retreival of downed small game onto the adjoining private property The Sup Crt found it was not a takings that it did not cause a fudiciary damage, (thats a monetary damage) against the landowner. The ruling went so far as to say that just footprints on ones private property and the subsequent shot fired over ther land did not cause any permanent damage.
The Supreme Court ruled that it was not a takings and caused no fudiciary damages. Thus Road Hunting is LEGAL
YOu would get the same ruling in a willful trespass, unless there was great damage done to the land.
Now if you want to start looking at possible damages with spurge and contaminates, how about hay haulers down the road, or hauling cattle to market, If I was a producer I wouldnt point the finger to far from the home place it is a big bad world out there.

 

[Happy go lucky]

Brad you wrote: Certainly the cost of the environmental assessment should be included in the damages. It wouldn't take many of these suits before the pleasure of intentionally trespassing was eradicated.

Please explain how this is much different from an impact statement?

Also Brad I really don't care if you believe me or not facts are facts Iowa,WI and others if you would research allow road hunting of small game. Iowa allows road right of way trapping as well.

You claim taxation to to the middle big deal, city people pay taxes on the full lot as well, yet you have a public easement and you can't force people off the sidewalks either what is your point? In fact in a city setting if you don't maintain the walk ways and someone gets hurt that is on you for a lawsuit, at least the ditches are not the landowners legal responsability where hunting is allowed.

Road hunting is not all about slob hunters, I'm glad you can all get to a conclusion on all people LOL. Others could come to conclusions as well on other items,but bright people see that it isn't the majority of any sector but the minority, that is what sells newspapers .

 

[passin thru]

Look at what ole Tony is supporting for his hunting................a subsidy. What a hypocrite

This is a big week for wildlife in the U.S. Congress. A major piece of conservation legislation is moving quickly through the U.S. Senate that would provide billions of dollars to help wildlife and habitats survive the severe stresses and disruptions caused by global warming. This funding source would be larger than any other dedicated source of funding for wildlife and natural resources in history -- an average of roughly $9 billion annually over the next two decades.



The bill's sponsors are moving forward with this unprecedented investment in our natural heritage against the wishes of industry groups and others. The conservation community must unite to ensure that Congress follows through with this investment.

 

[publichunter]

PT you are so narrow minded it is hard to beleive how you can drive down a road...oh I forgot you own the roads...
This is an investment to protct things for everyone not one single person, not one type of way of life it is for everyone, I suppose you dont support something like this because you cannot profit from it.......

 

[passin thru]

PH are you that slow..........................you read into my post whatyou wanted

I forgot you own the roads...

nice try at twisting...............I did not say that. I said I own land where I have granted a Right of Way. Next time read a lttle slower.

I suppose you dont support something like this because you cannot profit from it.......

where did I say that...........this post wasn't about my beliefs. Besides I have spent more than probably most hunters for wildlife and it's habitat. Nice try telling me what I believe(PS you missed in your analysis)

This is an investment to protct things for everyone not one single person, not one type of way of life it is for everyone,

that is the same argument for almost any gov spending program.

I find it hilarious that ole tony is so worried about gov spending until it comes to his pet projects

 

[P Joe]

If I catch you, you will be arrested by our county sheriff. You'll get your chance to try and convince a jury in western South Dakota that you have the "right" to trespass on my private property.

The county sheriffs in every county in my five-county district take a dim view of trespassers and they don't think much of road hunters either. Good luck trying that stunt here.

As to the rest of your rant, figure those things out for yourself. Just remember to be on your best behavior when you come west river.

You have better rethink what you just said. It has already been taken to court twice. 1st the sheriff is going to tell you to call GF&P since they are suppose to handle it. 2nd the GF&P officer is going to just laugh and walk a way.

 

[P Joe]

Roadways are easements. The land in which these roadways were constructed was given for travel. The person that gave these easements in many instances still own the underlying land. An easement is a property right but I would have to question when this easement was given if it included hunting or if hunting is beyond the scope of the actual easement.

Like I said before easements/right of ways have two determining factors, dimension and scope.

Road ways and easements are not the same. Just because you sign an easment to some company, it does not open up to the public.

Example, if you sign an easment to the new TransCanada Pipeline, the only people that have legal ground to access that easement is TransCanada, or contract work for TransCanada. If you don't work for them, you don't access it period.

Road-ways are open to the public period.

 

[Liberty Belle]

P Joe: You have better rethink what you just said. It has already been taken to court twice. 1st the sheriff is going to tell you to call GF&P since they are suppose to handle it.

Baloney! I have had some interesting conversations with a couple of the local sheriffs. These sheriffs want to be called if I catch a trespasser and that trespasser is going to have to prove, beyond a shadow of a doubt, that they have the "right" to trespass on my land.

We think this could get to be really interesting. :twisted:

P Joe: 2nd the GF&P officer is going to just laugh and walk a way.

That remark proves you don't know our game warden!! I'd just love to introduce you to him. 8)

It may interest you to know that he and our sheriff work very well together and they are both good, level-headed guys with absolutely no tolerance for slob hunters.

 

[P Joe]

Baloney! I have had some interesting conversations with a couple of the local sheriffs. These sheriffs want to be called if I catch a trespasser and that trespasser is going to have to prove, beyond a shadow of a doubt, that they have the "right" to trespass on my land.

We think this could get to be really interesting. :twisted:

It may interest you to know that he and our sheriff work very well together and they are both good, level-headed guys with absolutely no tolerance for slob hunters.[/b]

That's great that you, the sheiff and GF&P are getting along good. That's what GF&P has been trying to do in recent years and that's good to hear they are making some head way. OR am I assuming too much from your side???

If it's baloney then proof it.
Sorry LB, I'm not going to let you crap talk your way thru this. If you have some rule, ruling anything to proof otherwise then please post, otherwise please retract what you said since it is dead wrong according to the rules, regulations as of this time

I've been put in the same situation and the states attorney dropped it. As I was unarmed and his little video cleary showed me shooting a bird that took flight from the middle of the road.

AS long as all rules were followed and as long as that bird took flight from the ROW, and I cross you fence unarmed, their is and never will be a damn thing you can do about it. Your good ole boys club can pass down whatever sentence you want, but it will neve be upheld at the state supreme court. It's already been there twice. What make you think a 3rd trip is going to change anything. Now granted every case is different but I don't see it happening.

 

[passin thru]

AS long as all rules were followed and as long as that bird took flight from the ROW, and I cross you fence unarmed, their is and never will be a damn thing you can do about it. Your good ole boys club can pass down whatever sentence you want, but it will neve be upheld at the state supreme court. It's already been there twice. What make you think a 3rd trip is going to change anything. Now granted every case is different but I don't see it happening.

Not saying whether you are right or wrong......................you did a bang up PR job for your fellow hunters.

The thing that hunter seem to forget is that the landowner holds the trump cards :lol:

 

[Sandhusker]

From what I understand, road hunting in Nebraska is illegal mainly because of the safety factor. You're going to have parked vehicles on the road that are a hazard and people shooting in the same area as people driving. You hate to crest a hill at the same time a pheasant is crossing and get a load of #6s in the windshield. It's just not a good idea - a lot of things can happen and most of them bad.

 

[Liberty Belle]

That's great that you, the sheiff and GF&P are getting along good. That's what GF&P has been trying to do in recent years and that's good to hear they are making some head way. OR am I assuming too much from your side???

Nope. You aren't assuming too much. We get along well.

If it's baloney then proof it.
Sorry LB, I'm not going to let you crap talk your way thru this. If you have some rule, ruling anything to proof otherwise then please post, otherwise please retract what you said since it is dead wrong according to the rules, regulations as of this time

I have no idea what you are talking about. Proof what? What is "dead wrong according to the rules, regulations as of this time"? :???:

I've been put in the same situation and the states attorney dropped it. As I was unarmed and his little video cleary showed me shooting a bird that took flight from the middle of the road.

What is a "video cleary"?

AS long as all rules were followed and as long as that bird took flight from the ROW, and I cross you fence unarmed, their is and never will be a damn thing you can do about it.

Really? :twisted:

Your good ole boys club can pass down whatever sentence you want, but it will neve be upheld at the state supreme court. It's already been there twice. What make you think a 3rd trip is going to change anything. Now granted every case is different but I don't see it happening.

Just come on out here and test your theory, but I recommend you find a good attorney before you try it. 8)

The law officers in our "good ole boys club" will be very interested in any proof you can offer to prove that you have the "right" to trespass.

passin thru: Not saying whether you are right or wrong......................you did a bang up PR job for your fellow hunters.

The thing that hunter seem to forget is that the landowner holds the trump cards :lol:

Hunters with attitudes like this are the reason so many places have been closed to hunting. It probably won't be long before pay hunting and road hunting will be the only hunting opportunities left.

 

[Happy go lucky]

LB after all I have found on the net and know about laws I have to say you are in left field on this one for sure. Trespass is codified law and your states law clearly shows in not only the writing of those laws and the case studies of the past that your dead wrong on this trespass.

Sure they could site someone for unarmed retrieval and coming on your ground but your states attorney has the final say as will it go to court or not! If he/she deiced not to take it to court your dead in the water and reading the past cases on the net and the wording of unarmed small game retrieval you have little to stand on except a threat which means nothing in a court of law.

I know game wardens who make cases and write citations and when it gets to the states attorney it gets dropped, that is a big issue and a headache for law enforcement, with the laws as I read them as written and the case judgements that have come in your state you have little LB real little on the issue of unarmed small game retrieval.

As far as the issue of what is this saying to sportsman? Well the laws are their to protect everyone, and those laws protect the hunter that shoots from the RRW and keeps him/her out of trouble with wanton waste laws some are at a state level, migratory birds are federal level.

Lb do you honestly think you would have a case in this manner? really?

 

[Doug Thorson]

It probably won't be long before pay hunting and road hunting will be the only hunting opportunities left.

I said that in another thread a month ago about the walk in hunting. GF&P stupid policies, hunters with attitudes and Tony Dean and his whining to try to make most landowners look like the bad guy have went a long way toward closing down the sport they love.

 

[Liberty Belle]

Happy: LB after all I have found on the net and know about laws I have to say you are in left field on this one for sure. Trespass is codified law and your states law clearly shows in not only the writing of those laws and the case studies of the past that your dead wrong on this trespass.

Sure they could site someone for unarmed retrieval and coming on your ground but your states attorney has the final say as will it go to court or not! If he/she deiced not to take it to court your dead in the water and reading the past cases on the net and the wording of unarmed small game retrieval you have little to stand on except a threat which means nothing in a court of law.

I know game wardens who make cases and write citations and when it gets to the states attorney it gets dropped, that is a big issue and a headache for law enforcement, with the laws as I read them as written and the case judgements that have come in your state you have little LB real little on the issue of unarmed small game retrieval.

As far as the issue of what is this saying to sportsman? Well the laws are their to protect everyone, and those laws protect the hunter that shoots from the RRW and keeps him/her out of trouble with wanton waste laws some are at a state level, migratory birds are federal level.

Lb do you honestly think you would have a case in this manner? really?

Yes.

 

[SJ]

Tell me what a roadway is if it is not an easement? If all roadways belong to the public why then do some pay the taxes from the middle of the road?

 

[passin thru]

Another little point to ponder....................

Just why are you hunters having to hunt roadways, after all there is so much better hunting than roadways?

Now this is not rocket science so you should be able to come up with the answer!

 

[Southdakotahunter]

I will tell ya why we hunt roadways..........

Because its fun! Many times, you go hunting, walk your butt off, and your tired. You may be a couple birds short of a limit, so you road hunt the way home hoping to pick up a bird or 2. Thats one reason and a way many road hunt.

Another reason is often times, ditches with good cover are overlooked. Birds come to the road to get the grit needed for their gizzards. If you find a picked corn field with a good ditch next to it, we will get out and walk the ditch. the birds can hide like you would not believe, even tho they are extremly colorfull, they can hide very well.

Another reason, we dont have to have permission. Often times, i will find a nice place to hunt, only to find out the landowner is 25 miles away or further. I dont want to drive 25miles to find out they are gone, or to be told no. I will hunt ditches.

Im thinking your getting a picture of some camoflaged yahoo hiding in a ditch.............thats only goose hunters!

Can anyone help me out here? How much tax money is needed for normal upkeep in Harding co SD???? Just wondering? How much is collected? Im guessing LB could tell us that couldnt you LB? Just a rough figure?? Im guessing there is a big difference. Kind of like the schools. Im guessing harding co SD cant support the schools with their tax money collected so it comes from elsewhere.

 

[P Joe]

Not saying whether you are right or wrong......................you did a bang up PR job for your fellow hunters.

The thing that hunter seem to forget is that the landowner holds the trump cards :lol:

I think you forget the fact that I am a landowner too. :?

 

[passin thru]

SDH, then you won't have to worry about a landowner saying no then will you.

PJ, Nope