Landowners should take steps now to avoid trespass violations
Posted: 9/2/03
In an effort to avoid annual trespass complaints, the Minnesota Department of Natural Resources is encouraging landowners to take steps now to insure that their lands are legally posted during hunting seasons.
ěOften, folks donít think about it until they hear shots, or see others on their property, then they want law enforcement action taken, when in fact the land hadnít been legally posted,î said DNR Conservation Officer Dan Book of Rushford.
To be legally posted, land must have signs: -posted once each year that state ěno trespassingî or similar terms either: 1) along the boundaries every 1,000 feet or less, or in wooded areas where boundaries are less clear, at intervals of 500 feet or less; or 2) at the primary corners of each parcel of land and at access roads and trails at points of entrance to each parcel, except corners only accessible through agricultural land need not be posted. -with lettering at least 2 inches high and the signature or the legible name and telephone number of the owner, occupant, lessee, or authorized manager. An unauthorized person may not post land with signs prohibiting outdoor recreation or trespass.
Conservation Officer Book had a few other recommendations: … After ensuring that the property has been legally posted for the season, write down the date on a calendar, and be able to recall it for law enforcement use. … Notification to stay off private land, authorization to remove a sign posted to prevent trespass, or legal permission to enter private land or to take wild animals near occupied buildings or corrals, may only be given by the owner, occupant, or lessee. … Landowners should contact their neighbors and come to agreement on property lines, and what is allowed on either side of those lines. … Itís important that a landowner be able to identify the person(s) they believe were trespassing.
ěIn my experience, the only description an irate landowner is capable of furnishing is that of the suspectís back while quickly leaving the property,î Book said. ěI recommend that landowners in this situation take a minute to calm down, visit with the suspected trespasser(s), listen to their explanation, use their observation skills, take notes, and then if needed, call the local Conservation Officer,î Book said.
Book noted that trespass is the most frequent complaint landowners have against hunters so always ask permission before entering private land. Any entry onto the private property of another without permission is considered trespass. Certain types of trespass have criminal penalties. Additionally, landowners may be able to pursue court action against trespassers whether the property is posted or not. If you are caught trespassing, you may be issued a citation and assessed a fine under civil penalties, and repeat violators can lose their license or registration. Or, if you are convicted of violating trespass laws under criminal procedures, you may lose your hunting privileges for up to two years, lose hunting equipment, and be subject to fines and possibly a jail sentence.
All DNR conservation officers and all other licensed peace officers enforce trespass laws and may issue a citation to a person who trespasses in violation of the law or who removes a sign without authorization. The role of landowners in properly posting their land goes a long way in preventing trespass incidents.
Book said, ěA few preventative steps now can help maintain and improve hunter/landowner relationships, allow an already stretched thin group of conservation officers to concentrate on priority areas, aid habitat programs, and open additional land access to hunters. Everyone walks away a winner.î
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