non posted land

[cali-carnivore]

These are the same people that find a wallet, keep the cash and dispose of it. I blame the parents.

 

[KTKT70]

These are the same people that find a wallet, keep the cash and dispose of it. I blame the parents.

lmao anic: sum ppl will never get it.

 

[Common Sense]

My ex wifes family is from your part of the valley.

My parents taught me to respect the law, and honor my vows.

 

[Common Sense]

I blame the parents.

Frankly my dear, I don't care who you blame.

 

[Common Sense]

Are you calling it Kerntucky?:lol bashing sign: My ex-wifes family is from the area(tulare)

I reckon you city slickers think you are so much smarter and nobler than us hicks. Enjoy your laughs, and you are right, I m a hillbilly. Me and my wife were both born in Tulare County and have never lived anywhere else. Yep, we are just dumb hillbilly's. In fact, (you will really laugh about this) my wife never lived in a house with indoor plumbing until she was nine years old. I still have the outhouse my gandfather built when they came to California in '42.

Laugh all you want; but I trust the values of country folk a lot more than I trust big city fellers.

Maybe I shouldn't say this, but when I read your posts I am reminded of old Jack Palace in the city slicker movie: "City Folk".

 

[Dark matter]

Ok curly so not sure the point of your hillbilly rank was about but since you didn't have running water it's ok to trespass on private land?

 

[Common Sense]

Ok curly so not sure the point of your hillbilly rank was about but since you didn't have running water it's ok to trespass on private land?

I think it is okay, if you don't think it is okay --- then you should stay on public property or get permission.


But this thread didn't start to find out what was "okay". The thread started by someone asking what was legal. I stated what the law was, and was flamed and called a hillbilly because I gave a truthful answer. I am not encouraging (or discouraging) hunters from entering unfenced, unposted, uncultivated property. That is a personal choice and you should do what you think is right.


It is okay for you not to agree with the law; but the law is the law. It is okay if you chose a "higher standard" than the law. For example, the law says I can stand on the street corner and tell everyone that walks by that President Obama is an adam-henry. Now I personally think Mr. Obama is an adam-henry, but I would never stand on the corner and tell that to everyone that passed by(but I will get upset if someone tells me I can't!)


Curly (btw, Jack Palace was a great actor. I love the scene in Shane where he walks into the bar and it gets real quiet and everyone, including the dogs, leave.)

 

[cali-carnivore]

My grand parents didn't get indoor plumbing until 72! I come from a proud moonshininh hillbilly family, I just live in a city now. My great grandmother would have had a shotgun loaded with rock salt for tresspassers or revenuers.

 

[Dark matter]

There's nothing wrong with being a hillbilly it's just that your on the side no one expects

 

[cali-carnivore]

In the eyes of the law (in California) if I knowingly enter private property (even though it isn't fenced, posted or under cultivation) without written permission, I have violated the law. Why is that, you say? Let's say that I get kicked off of some private land (not fenced, posted or under cultivation) by a sheriff or the owner. What's to prevent me from coming back next week or even the next day to do the same thing?
The key word is knowingly! If you intentionally enter land that you know is private, you are in violation. this is meant to protect you from accidentally entering private property not so you can seek out trespass opportunities. The original post stated he knew it was private.

 

[KTKT70]

not that it matters but i bet my fam is more country than any one around here. How many ppl have a grave yard in your front yard. Beat that one.... lol...

i never called u a hillybilly. i love country foke and part of what makes my dad the Lt.Col such a great guy is that he is from tx and very country. We have had horses my whole life. Many of the things my dad has showed me and said is part of being a good counrty boy.. is doing whats right.. thats not to say only when the law is on your side or when ppl are looking. part of what makes country ppl such good foke to b around is they do the right thing.Trust is a big thing. Im very sorry that this got so out of hand. but im aslo glad that we can see who will b the good country foke and who will just do what in there best intrest if the law alowes it.

ps... RIP Mr. Jones ... one of that last true countryy guys around. we will miss you always. thank you for all the great years and songs to remember u by. Happy trails my friend.....

 

[cali-carnivore]

It is funny how anyone from Ca can consider themselves a hillbilly. The term hillbilly originates with the European settlers of the eastern mountain ranges. In Ca you will find tract homes in or near the smallest towns. Tulare, Porterville, Tehachapi and they even have a country club in Springville. Country folk have a proud history of respecting others property. The law is to allow for honest mistakes not grant unspoken permission.

 

[Common Sense]

Ca civil code #?. You can hunt unposted (3 postings per mile), unfenced and uncultivated lands. If it has a fence, signs or crops you are trespassing. You also must leave and not return if asked by the landowner.

One day you say it is legal, a few days later you say it is not legal if you enter it "knowingly". Which is it?


If you know the owner doesn't want you there, you are tresspassing. But simply entering non posted, fenced, or cultivated private property is not tresspassing.

 

[Grasslandhntr]

Well out Cali!

 

[Common Sense]

Are you calling it Kerntucky?:lol bashing sign: My ex-wifes family is from the area(tulare)

Today you said there were no hillbillys in CA; is "Kerntucky" one of them urban places you were talking about today. Seems to me when you posted the above post about the tulare area you were implying that there was a hillbilly or two in CA?

 

[cali-carnivore]

That was a whimsical play on words. I also see " cowboys" in LA.

 

[Bubblehide]

Come to think of it, I have not posted my home or put a sign on my car that I don't want people to borrow it! If you are hunting on land that you are looking out for property owners/enforcement as much as game you know what right and wrong are.

It's mighty neighborly of you to give me an open invitation to borrow it anytime. For the time being, my car is very reliable, so for now I'll pass.

 

[Common Sense]

In the eyes of the law (in California) if I knowingly enter private property (even though it isn't fenced, posted or under cultivation) without written permission, I have violated the law. Why is that, you say? Let's say that I get kicked off of some private land (not fenced, posted or under cultivation) by a sheriff or the owner. What's to prevent me from coming back next week or even the next day to do the same thing?
The key word is knowingly! If you intentionally enter land that you know is private, you are in violation. this is meant to protect you from accidentally entering private property not so you can seek out trespass opportunities. The original post stated he knew it was private.

The original post did not mention ownership, it just asked the law on entering non posted land. A day or two later the original poster stated he knew it wasn't NF or BLM, but he never did say he knew it was "private property". A few days he stated he found it was county property and open to hunting.



I think my last deer came off private property, but I am not sure. I have been shooting tree squirrels on the property for over fifty years, and always thought it was NF. A few years back I looked at the NF map and now I think it is private. I think it belongs to a timber company from up north. There are not roads or structures on the property. If you call their office they will tell you that their attorney advises them not to issue written permission to tresspass due to liability issues. They then add that people have been huntig on the property as long as they owned the property and they have never complained about legal hunters. I will continue to hunt on that land as long as it is not posted, and if I find a wallet while hunting there --- I will put it in my pocket and not call the owner until I get home or into cell phone range.

Just because I knowingly enter doesn't make me a tresspasser. I must knowingly enter property I know I am not welcome on.

 

[#1Predator]

I think my last deer came off private property, but I am not sure. I have been shooting tree squirrels on the property for over fifty years, and always thought it was NF. A few years back I looked at the NF map and now I think it is private. I think it belongs to a timber company from up north. There are not roads or structures on the property. If you call their office they will tell you that their attorney advises them not to issue written permission to tresspass due to liability issues. They then add that people have been huntig on the property as long as they owned the property and they have never complained about legal hunters."

The liability issue is a biggie for private property owners. What I have underlined above (regarding them not giving written permission) is called "plausible deniability" (a term coined by the CIA during the Kennedy administration). In the event that someone is injured or killed on their property, they can "plausibly deny" that they gave permission or even knew that the person was trespassing. Without written proof to the contrary, their claim of not knowing is plausible under the law and generally they will be relieved of any liability.

About ten years ago, the DFW got a law passed to "enhance" hunting opportunities on private land. I can't find the exact code section (age has crept into my memory bank) but the section exempted private property owners from all liability IF they didn't charge people (whether by cash, barter, trade, etc.) to hunt on their property. In the event that the owner incurred a liability as a result of legal hunting activity, the state would cover the costs. I have secured written permission from several owners (who were reluctant to give written permission) using this fact. I'll keep digging for the exact section and will post it when I find it.

"Just because I knowingly enter doesn't make me a tresspasser. I must knowingly enter property I know I am not welcome on." No, that's not correct. In the case of property that is not posted, fenced, or under cultivation, the law assumes that a property owner maintains his/her private property rights and does not want people on their land unless they are invited. We own about 5 acres. Our home, a small front yard and backyard sit on about two acres. The rest is oak trees and rolling grass land, none of which is fenced. Our surrounding neighbors' property is about the same, no fences or signs. A person who knowingly enters my unfenced property is trespassing. The law requires that I warn them (Penal Code 602(o)) about their trespass before I can take legal action just in case the person unknowingly wandered onto my private property but my private property rights are not voided because I don't have a fence.

 

[cali-carnivore]

There is also posted land that you are welcome on. A number of timber companies allow it if you follow there rules. Sierra pacific has some great property in ca, or and wa. You can get all the info in their website. It comes down to respect for others.