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Who Gets It?


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#1 cayugad

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Posted 10 December 2014 - 12:20 PM

Just wanted to hear your thoughts.

A nine point buck runs by a father and son. They shoot at it. They hit it. Its mortally wounded. But jumps the fence onto private property. The land owner on the private property sees the deer. Its wounded. So he " finishes it off." The father and son track the deer over the fence onto private property (which in Wisconsin you do need to have permission to enter anyone's land) and find the landowner over the deer and claiming it. Who's deer is it?

Now the points of law in Wisconsin is clear. You have to have permission from the landowner to enter their property. The father and son did not. So technically, they violated the law. But how do you ask permission when the landowner is not home. He's out hunting.

Next point, the landowner saw that the deer was mortally wounded. But did put the "finishing off" shot into the deer. And by legal right, since its his land, has the right to claim the deer.

Here is how they settled the dispute. They flipped a coin. The son called heads, it landed tails. The landowner got the deer. Is this the right way to settle this or was someone wrong?


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#2 sschneid73

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Posted 10 December 2014 - 08:04 PM

Wow hard one. Of course legally the land owner is in the right and democratically they settled it but I am sure the kid was not happy. In Nebraska you have to have the land owners permission and if not home you call the game and parks official. I had a similar situation a few years back. Arrowed a doe and tracked her into a grove of trees on the neighbors property. Did not trespass but knew she was in there. Asked the land owner and he said no but thanks for the deer. A week later I smelled the oder of a dead animal and ventured into the grove of trees without permission and there she lay. I should have called the game official but did not want to make waves with the neighbors.



#3 cayugad

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Posted 10 December 2014 - 09:31 PM

Your story reminds me of one similar that happened to me.  It was December and it was just terrible cold.  So cold infact I wore a different jacket to withstand the temperatures.  I had a archery tag and decided I needed a deer for the freezer so any deer would do.  I was up in a tree stand shivering and in came a doe.  I pulled back and never having shot with this huge jacket on, suddenly the string slapped my sleeve and the arrow went back and low.  I knew she was gut shot.  So I waited and waited and finally began tracking her.  Got to the neighbors fence and she'd crossed it.

 

Now no one talked to the neighbor.  He was rumored to be a violent mean and sometimes physical violent man.  But I started up the road.  The person's who's land I was on asked me...  where you going?  I told him I needed the neighbors permission to cross the fence.  He told me I was crazy. But I went anyway.  Knocked on the man's door and he answered... Ya what you want?  So I explained what had happened. He then said, I don't let people on my land.  And I don't like doe shooters.  I told him my freezer was empty, and I needed a deer.  If he didn't want me on his land, that was fine.  I would shoot another doe tomorrow.  He stood there, then grinned and said..  I am surprised you came up here.  And I told him I don't see no horns on his head, as everyone else claimed.  He laughed and told me to go find it.

 

Well I recovered that deer.  Stopped back and told him I found it.  The deer actually jumped his fence, circled and went back on the same land I had originally shot it.  But I thanked him.  Later I took him a stick of venison salami I made out of it.  He thanked me and told me I could hunt his land if I wanted to shoot bucks.


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#4 PA RIDGE RUNNER

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Posted 18 December 2014 - 04:22 PM

Here in PA a hunter needs permission to hunt private land.  If, as in the scenario, a wounded animal crosses over to another persons property legally you cannot just go and get it.  One of the problems with that is all the mountain ground around here is privately owned but most boundaries are not marked.  I personally have permission to hunt about a mile or more of mountainside that is continuous and is owned by relatives.  Our camp property has the boundaries clearly marked but we have permission to enter surrounding grounds in the case of a wounded animal.  Where I hunt in Kansas the boundaries are much easier to determine as much is laid out in very straight lines, not so much in PA.  In New Mexico there are some unique problems.  Ranchers out there may only outright own several hundred acres yet claim all the land they have grazing rights on which could be several thousand acres.  What they have grazing rights on is actually public land which is open to hunt.  I recall one rancher trying to run us off just such land.  As soon as we got out the plat map and showed him that what we were on was actually public land he backed off in a hurry and just said to be careful out there.  His concern was the Mexican hunters did not do the kind of research we did and did trespass on his private land so he tried to run everyone off.  Just did not work with us.


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