A
Anonymous
Guest
LB: "Our hunters have NEVER been allowed to drive ANYWHERE on our land, for the very reason that no one else is allowed to drive over our grass."
That would explain why you have never seen a Conservation Officer on your place checking hunters.
LB: "But I'm sure you've heard the complaints of hunters who have had their hunts ruined by game wardens who were not so considerate."
Yup, I've heard many hunters that had their hunts ruined because they were hunting in the wrong unit, they didn't tag their deer properly, they shot a small buck and left it lay, they were caught trespassing and violating someone's private property rights, they were shooting hen pheasants, etc. etc.
Gosh, I think I feel a tear welling up in my eye.
Most sportsman appreciate the fact that GF&P Conservation Officers are out there protecting the wildlife resources that belong to everyone.
LB: "Under the Open Fields Doctrine, you have the right to allow the game warden to do anything he wants on your land."
That is absolutely untrue.
The Open Fields Doctrine allows Conservation Officers, in the line of duty, to enter private property to check hunters and TO PROTECT HUMAN HEALTH AND SAFETY.
Should a conservation officer get your permission to search your land for a missing child in a raging blizzard????
Should a conservation officer get your permission to put out a fire because some idiot threw a cigarette out the window???
Should a conservation officer get your permission to move livestock out onto your private land after a vehicle accident tore the fence up???
Well??????
LB: "Unfortunately, that same Open Fields Doctrine takes away my right to stop GF&P from driving anywhere he wants on my private property without my knowledge or consent."
Which you admit has never occured.
LB: "Our rights are pretty darn "relevant" to us!"
How ironic that this whole issue stemmed from the arrest of your trespassing private pilot.
What about LB's private property rights hmmmm?
OH, THAT'S DIFFERENT ISN'T IT????
I guess private property rights should be exempted for private pilots huh?
Amazing what you can justify with a little imagination.
LB: "If the game warden is walking over a hardpan spot on my land in a wet year with no chance of ruining grazing or starting a fire, he is still violating my private property rights if he does it without my knowledge and without my consent. We can prosecute anyone else for doing that and we will not compromise on this issue."
So be it!
The majority have spoken and the majority want our wildlife resources protected from poachers which requires access to private land.
The world you envision..........
Conservation Officer to landowner: "Hello Mr. private property rights, I received a TIPS call that your son was out spotlighting the other night and may have shot a deer and left it lay. Considering the importance of your private property rights, I was wondering if you cared whether I drove on to your land to check your son if I happen to see him spotlighting again, PLEASE!"
Mr. Private Property: "Why yes, most certainly, if my son is spotlighting and shooting deer, you have every right to drive out across my land and check my precious little deer poacher"
Conservation: "Why thank you very much. I'll be sure to cut the back straps out for you"
Yup, that's the kind of wildlife law enforcement we need!
HELLO??
~SH~
That would explain why you have never seen a Conservation Officer on your place checking hunters.
LB: "But I'm sure you've heard the complaints of hunters who have had their hunts ruined by game wardens who were not so considerate."
Yup, I've heard many hunters that had their hunts ruined because they were hunting in the wrong unit, they didn't tag their deer properly, they shot a small buck and left it lay, they were caught trespassing and violating someone's private property rights, they were shooting hen pheasants, etc. etc.
Gosh, I think I feel a tear welling up in my eye.
Most sportsman appreciate the fact that GF&P Conservation Officers are out there protecting the wildlife resources that belong to everyone.
LB: "Under the Open Fields Doctrine, you have the right to allow the game warden to do anything he wants on your land."
That is absolutely untrue.
The Open Fields Doctrine allows Conservation Officers, in the line of duty, to enter private property to check hunters and TO PROTECT HUMAN HEALTH AND SAFETY.
Should a conservation officer get your permission to search your land for a missing child in a raging blizzard????
Should a conservation officer get your permission to put out a fire because some idiot threw a cigarette out the window???
Should a conservation officer get your permission to move livestock out onto your private land after a vehicle accident tore the fence up???
Well??????
LB: "Unfortunately, that same Open Fields Doctrine takes away my right to stop GF&P from driving anywhere he wants on my private property without my knowledge or consent."
Which you admit has never occured.
LB: "Our rights are pretty darn "relevant" to us!"
How ironic that this whole issue stemmed from the arrest of your trespassing private pilot.
What about LB's private property rights hmmmm?
OH, THAT'S DIFFERENT ISN'T IT????
I guess private property rights should be exempted for private pilots huh?
Amazing what you can justify with a little imagination.
LB: "If the game warden is walking over a hardpan spot on my land in a wet year with no chance of ruining grazing or starting a fire, he is still violating my private property rights if he does it without my knowledge and without my consent. We can prosecute anyone else for doing that and we will not compromise on this issue."
So be it!
The majority have spoken and the majority want our wildlife resources protected from poachers which requires access to private land.
The world you envision..........
Conservation Officer to landowner: "Hello Mr. private property rights, I received a TIPS call that your son was out spotlighting the other night and may have shot a deer and left it lay. Considering the importance of your private property rights, I was wondering if you cared whether I drove on to your land to check your son if I happen to see him spotlighting again, PLEASE!"
Mr. Private Property: "Why yes, most certainly, if my son is spotlighting and shooting deer, you have every right to drive out across my land and check my precious little deer poacher"
Conservation: "Why thank you very much. I'll be sure to cut the back straps out for you"
Yup, that's the kind of wildlife law enforcement we need!
HELLO??
~SH~