# un-posted land



## goosehunternd (Mar 10, 2006)

I found a unposted corn field holding a ridiclous amount of birds, I pulled out in the field after the birds went back to roost to sleep in my truck. About 20 min after I got out there, a pickup pulled out and told me it would be best if I just left, and saved the birds for another day,,WTF??
Im guessing it was the land owner cause he was about 80. All im guna say is I wont be buying a lot off highway 2 from ackermans acres that guys a joke!


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## djleye (Nov 14, 2002)

Yea, The nerve of some landowners asking someone to not hunt in their field!!!!  :eyeroll:


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## goosehunternd (Mar 10, 2006)

Im a land owner in the "fly-way" and If I dont want someone on the land I will post it, and if someone was in my stuff I dont post i am sure as hell not guna go kick em out, I have had a hard time getting on posted land this year around DL and I used to live there! Bout ready to sell all my equipment and take up knitting. Getting to be way to many politics in hunting and getting tired of the hunters regulating other hunters!


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## huntingtim08 (Sep 17, 2004)

If it sint posted it should be good to hun, unless it is winter wheat though.
I have another hing to say about sleeping in your truck. saturday mornign my buddy and I went out to an un-posted cron field with a crazy amount of birds on it, and right before our other hunting partners came out another different pickup drove right by us and set up in the filed. When i went to talk to them they were being mean and though they didnt do anything wrong. They todl me that since they hunted there the day before they had more of a right then I did. I hunt only the area around my town and i have hunted that ever since i could walk and hunt. Since they hunted the are all fall they though they were better than me. I am 19 years old and I am no kid. I am a very experienced hunter and i know what im doing out in the filed and i am a very ethical hunter. Im not naming names or places and im not trying to start a big argument and piss people off but my saturday morning wasnt very fun. I have hunted the same area all my life and i have never ran into other hunters that were so disrespectful.


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## tb (Jul 26, 2002)

goosehunternd said:


> Im guessing it was the land owner


Some guys will pretend to be the landowner just to run you off. Trust me on this one. Its happened to me. I recognized who the other guy was ( I knew he didn't own the land), but he didn't recognize me. I had fun messin' with him. You have to call their bluff.


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## sleeri (Oct 9, 2006)

I'd suggest "double checking" with the land owner when hunting unposted land. You'll save your self plenty of stress. Yes, legally you can hunt the land if it's not posted, but it's still a good idea to talk to the land owner. They probably won't turn you down if it isn't posted and if they do...they probably would've kicked you out anyway, so you saved yourself some time.

I guess I just don't like the stress involved with watching cars and trucks drive by, wondering if the farmer changed their mind or some local is coming to harrass me. It's always nice to be able to tell someone "the farmer gave me permission." Pretty much ends any discussion about who can hunt what. I'm not saying you have to ask the farmer, but it's probably in your best interest. Play it whatever way you want to. Just sharing my opinion.


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## Timber2005 (Jul 8, 2005)

Had something similar happen to us this last weekend. Went to an unposted field and hunted in it and a vehicle approached and told us to leave in a rather ignorant way. When leaving noticed a posted sign that did not appear to be there earlier. As we are leaving we pass the same vehicle and notice a gentlemen giving the "bird", real grown up. We scouted the field based on advice from the adjacent landowner and did not notice signs at the time... What do you do, oh well!!


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## hunt4P&amp;Y (Sep 23, 2004)

We scouted a field three days, were sitting on the gravel road glassing the roost. We were sitting right infront of a posted sign. But we were on the road, anyways we were watching the birds come back to roost, getting ready to go set up for the evening hunt in the adjacent field, and a guy comes flying up behind us. Mouth ablazin. Screaming for us to get the H>>> out of there, and that it's posted. I replied yes sir I know its posted, but we were just watching the birds, anyways he had no time for us. He drove away. I then went to the farm across the road and talked to the farmer. It was HIS land. He said we could hunt the field, just not the roost. SMART FARMER> He was really nice. Needless to say. I think alot of the time it isn't even the land owner chewing your Butt..


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## water_swater (Sep 19, 2006)

Neal Ackerman is not 80 it may have been his dad I guess (not sure), but none of his land is posted this year.


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## hunter121390 (Nov 7, 2006)

i got a question about wisconsin based on this. in wisconsin, if the land is unposted, can you just walk out on it and hunt it?


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## Chuck Smith (Feb 22, 2005)

Look at local game laws in WI.

I don't think you can. Well at least it was that way the last time I hunted there.


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## hunter121390 (Nov 7, 2006)

ok. thanks. ill check that out


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## diver_sniper (Sep 6, 2004)

You gotta respect the landowner, even if they don't have their stuff posted. Sometimes they don't have time. Or sometimes things are just piling up on them and they don't have signs and the hardware store is all sold out of them. I grew up on a farm, I can understand how posting land might not always be #1 on the to do list.

Haha, there are some jokers out there that will try and claim they own land that they have nothing to do with. A farmer I visit with frequently has had people try to kick him off of his own land before. He's a real goof ball so he always plays dumb for a few minutes before he sends them out of there with their tails between their legs.


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## dfisher (Oct 12, 2007)

In NoDak, don't the land owner control the road right of way as well, or half of it, if someone else owns the property on the other side of the road?
Good hunting,
Dan


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## dukegoose (Jul 17, 2006)

In WI, you only can enter private land if you already have permission. You cannot retreive game from private land, unless you have permission. There is alittle more to it then that, but not much more.


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## Pitboss (Sep 8, 2007)

I have always figured that a field worth hunting is worth getting permission,wether it's posted or not. Sure cuts down on the hassles and conflicts. just my 2 cents


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## huntingtim08 (Sep 17, 2004)

The best thing to do is make friends witht he land owners. They like it when you ask and it shows respect. I know alot of the landowners and farmers in my area and i know the posted land and who owns it. Still if it isnt posted you have the right to hunt on it, but you still have to be respectful when you do

my :2cents:


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## johnsona (Dec 4, 2003)

This isn't about waterfowl, but still relevant....

About 4 years back I went out for a quick grouse and partridge hunt after school. I decided to go check out some of the public land in an area I hadn't hunted before. On the way out there I spotted a really nice looking half-section of grass. So I drove all the way around it TWICE to confirm that it wasn't posted. It was only about an hour and a half before dark, so I figured I'd give it a quick walk-through to end the day. I had heard about a grumpy landowner in the area, but didn't know exactly where his place was, and there was no farmhouse in sight, otherwise I would've asked. About halfway into the walk (and after I'd already shot a few huns) I heard a truck barreling towards me. Well, being 16 years old and still pretty green in these types of things, I had to try pretty hard not to crap my pants. He (the landowner) came across the field at about 60, and proceeded to tear me a new one. I tried explaining that it wasn't posted, I even told him he could have the birds if he really wanted. He said (more like screamed actually) that it didn't matter if it was posted, I still had to ask. He also told me that he would be calling the sheriff and giving him my plate info since I had parked on "his" approach. I knew I had done nothing wrong, but since it was his land and he wanted me off, I called the dog and we left. The best part was that on the drive out, I took a different road than the one I had come in on, and happened to drive by his place where he was just coming out of the house with a handful of posters and getting back into his truck. Go figure. Oh, and I came to find out later that it was indeed the grumpy landowner that happened to live in the area, and that he liked pheasant hunt so he usually has it posted pretty tight. Don't take the grumpy comment the wrong way either; everyone I've asked has told me that this guy is just an all-around grumpy person, not just when it comes to hunting and land issues.

If a landowner wants to post his land and never let anyone in, fine, that's his right, and I have no qualms about it. If you forget to post your stuff and find someone hunting on it, you may tell them to leave as you see fit. No qualms about that either. But I think saying "Hey guys, I'm sorry, I meant to have this posted, but just didn't have time. I'll have to ask you to leave" would work just as well as tearing someone who's done nothing wrong a new hole.

I understand that some people just don't think about putting up posters until right before pheasant or deer season, but it'd sure save a few unneeded confrontations. But hey, if that's what I've gotta deal with to have the privilege to hunt unposted land in this state, then so be it.

One of my buddies had someone try to kick him off of his own land once too. He said it was pretty funny when the guy realized what was going on. :lol:

Sorry for the book....I had a little too much time on my hands tonight.


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## 4CurlRedleg (Aug 31, 2003)

Pitboss said:


> I have always figured that a field worth hunting is worth getting permission,wether it's posted or not. Sure cuts down on the hassles and conflicts. just my 2 cents


Exactly.


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## dfisher (Oct 12, 2007)

So far, in ND, I've been pretty fortunate with the landowners. I can usually find them pretty good and they've been very friendly and for the most part, receptive to my hunting their land. Probably figure that I'm not much threat to any game, anyway :lol:

I do like to check back, even if I have permission, with them too. Things might of changed since the last time, or maybe I couldn't make it out when I thought I was going to hunt it and they forgot. Farmers have a lot on their plate, so remembering who you gave permission too can't be that easy for them.

I also find that a lot of the ones who have posted up will still allow hunting. I think that they just want to be asked and know who is on their property.

I will say, in fariness to hunters, if the ground isn't posted or not posted properly (no name) or with current signage, they shouldn't get in a huff about a guy hunting it. Granted, it is there land, but...most hunters are very respectful of landowners and deserve to know if it is huntable or who to contact to find out if it can be hunted.

My :2cents:

Good luck,
Dan


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## lundq (Feb 21, 2005)

dfisher said:


> In NoDak, don't the land owner control the road right of way as well, or half of it, if someone else owns the property on the other side of the road?
> Good hunting,
> Dan


This was in the NDGF Newsletter:

Can I hunt road rights-of-way? Do not hunt on road rights-of-way unless you are certain they are open to public use. Most road rights-of-way are under control of the adjacent landowner and are closed to hunting when the adjacent land is posted closed to hunting.

My question: So if the land is posted on both sides but the road is open to public use (township gravel road) can you shoot on the road right of way? It says "most" roads are under control of the adjacent land owner, how do you know which ones? Might be OK to shoot a shotgun on the road right of way but sounds a little unsafe for a rifle. I guess I'm a little unclear on this whole thing.


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## Burly1 (Sep 20, 2003)

If the land on both sides of the right of way is posted by two different landowners, and you have permission to hunt the land on one side, you are allowed to hunt on the right of way. You are allowed, in most cases, as long as the road does not dead end into private property, to travel through, but not to hunt, if the adjacent lands are posted.
This is my understanding of the rights of way law in ND. If someone has information that states otherwise, please share it here.
Burl


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## Burly1 (Sep 20, 2003)

Just another comment for dfisher. Though the state wants the landowner to post his land with a name, legal description and contact information, these are not actually required. In a legal action, any kind of sign, even a tire with no hunting written on it, slung over a post, is enough to show intent to deny access. What I'm saying is, if there is anything that says stay off, for any reason, you had better do just that. Courts have upheld this many times in ND.
Burl


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## Hockeyhunter99 (Oct 11, 2007)

i have a question. in the proclamation, it says that the signs must be signed and dated that year for it to be leagally posted. what about signs that are old, or unsigned, or are note dated for that year. i have a buddy that says "by law, we should be able to hunt the land due to incorrect posting" i have never walked on to land that has a sign (new or old) without permission but i keep thinking about the law. what do you guys think???


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## huntingtim08 (Sep 17, 2004)

You have to think, do many farmers have time every year to go out and "legally" post their land. I see more land that is posted, maybe not legally, but it still means the landowner doesnt want you on his land. If you see a posted sign it would be way better to ask permission not matter what. You dont wann p**s off the landowner when he catches you out in the field. It will save alot of arguments


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## lundq (Feb 21, 2005)

Burl:

Here's a question and answer I got from the NDGF. Like what you said.

--------------------------------------------------------------------------------

Sent: Tuesday, October 30, 2007 6:45 PM
To: -Info-Game & Fish Dept.
Subject: Road right of way shooting

NDGF:

This was in the last NDGF Newsletter:

Can I hunt road rights-of-way? Do not hunt on road rights-of-way unless you are certain they are open to public use. Most road rights-of-way are under control of the adjacent landowner and are closed to hunting when the adjacent land is posted closed to hunting.

Question: How do you find out if they are open to public use or not? We have a lot of land around us that is posted on both sides but people still stop and pop pheasants in the ditch on both sides of the road. Is this legal? The road is a township road (gravel).

Answer: No, if the land is posted on both sides of the road then the ditches and road are closed to hunting. This applies to section lines also.


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## ndgooseslayer (Jul 26, 2007)

Being a farmer/land tennant, here is my take on posting land. It's not really that hard to go out and put up signs on land you don't want hunted. I also don't think it's too much work to make sure once a year signs are up to date and signed.

IMO- We as hunters have rules we need to follow and I feel landowners should stick up to their end of the bargain. If everyone kept their signs up and had their name clearly legible it would be so much easier to track that person down to ask permission. It kinda peaves me when you see signs that are really old and signatures faded off, signs that are weeded over, or other stuff like that.

With that said....even though the proclamation says signs have to be signed once a year legally, I'd never trek onto posted land without asking, no matter how old the sign is.

Thats my $.02, coming from someone who's been on both sides of the debate.


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## dfisher (Oct 12, 2007)

Burly1 said:


> Just another comment for dfisher. Though the state wants the landowner to post his land with a name, legal description and contact information, these are not actually required. In a legal action, any kind of sign, even a tire with no hunting written on it, slung over a post, is enough to show intent to deny access. What I'm saying is, if there is anything that says stay off, for any reason, you had better do just that. Courts have upheld this many times in ND.
> Burl


Burl, you're quite right in that any signage, posted on private land is put there for the intent of keeping people from hunting, trespassing, or otherwise using said land. I have no doubt that the courts uphold such a posting and find in favor of the land owner in such a situation, no matter how it's posted.

I have been hunting for quite sometime. I will not hunt, walk, or otherwise use any posted land for whatever reason. Nor will I go out of my way to attempt to seek hunting permission from any land owner who does not have the time to sign his posted signs in accordance with what I understand the law to be according to NDGF guidelines for posting. This is in the regulations under the posting and trespass section of the 2007 waterfowl guidelines. I assume if he doesn't have the time to do this, then he certainly doesn't have the time to talk to me.

All I'm saying, is that everyone looks to hunters as the shining beacons of moral responsibility when it comes to treating land owners, property, game populations, and such with respect and dignity. As we hunters continue to foot the bill for wildlife research and production in this country, I see and hear of a lot of landowners who are draining wetlands and tearing out brush and fencerows and cutting and baling PLOTS and CRP ground for cattle feed. I hardly think it's too much to ask to sign NO HUNTING posters with a legible name. Then, at least, we hunters could look up the landowner and ask to hunt.

There is also a contingency of folks who will gladly post their land to keep or save their game from being hunted. At the same time these people will go out and hunt unposted land and freely harvest game populations. They then save their own property for later in the year when game begins to become scarce elsewhere. Hardly a fair and just trade off is it?

Thank you for your time and patience.
Dan


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## Burly1 (Sep 20, 2003)

I don't think legally posting property is too much to ask either. But life, as you know, isn't always fair. If you talk to enough farmer/ranchers, you'll find those that don't feel they should have to post their land at all. Therin lies the conflict. We have it pretty good in ND. Our right to hunt unposted property is rare. I'm not sure if any other state in the union allows this. Respecting the landowners is the only way we are going to keep our ever dwindling access. If that requires us to respect even the poorest of postings, so be it.
Burl


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## dfisher (Oct 12, 2007)

Burly1 said:


> I don't think legally posting property is too much to ask either. But life, as you know, isn't always fair. If you talk to enough farmer/ranchers, you'll find those that don't feel they should have to post their land at all. Therin lies the conflict. We have it pretty good in ND. Our right to hunt unposted property is rare. I'm not sure if any other state in the union allows this. Respecting the landowners is the only way we are going to keep our ever dwindling access. If that requires us to respect even the poorest of postings, so be it.
> Burl


Again you've hit the nail on the head. I agree that respecting landowners is paramount in keeping our rights as sportsmen and women. But, as the law is now, it's sorta confusing. It says that if it's not posted you can hunt, and if it is posted, you need to get permission from the person whose name appears on the sign.

Perhaps it's a state problem. Maybe ND needs to address this issue at the governmental level and make it mandatory for hunters to ask the land owner for permission. I think that's what a lot of these landowners want anyway, so they know who is using their land, how it's being used, and for what purpose. Something like that I could live with easier then a law that says you must post your land every 880 yards and sign the posters, and then not enforce this law. It's kinda like saying: "Well, we got this law and that law but...down at the heart of the matter, we are not enforcing the landowner signage issue and you really need to ask before you hunt.

In Ohio, you better get permission. There, the state even puts out a little form for the land owner to fill out, proving that he gave you permission. You need this form with you, or just a written, signed, permission slip to hunt on a persons land. Otherwise it's probably going to be a ticket. The crux of the problem with that is that a lot of landowners don't want to do that as many think they'll be liable for accidents.

Anyway, life will go on. We'll continue to shoot ducks and geese and upland and deer and all will be happy. :beer: 
Good hunting,
Dan


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## brdhunt36 (Oct 24, 2004)

I try and find the landowner before I hunt on unposted land, last week I was watching alot of birds come off there roost and go to a field now here's the thing the land is posted but the sign has no name date or anything so can u hunt the land? gf reg. says posted sign must have name and date on it,


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## dfisher (Oct 12, 2007)

brdhunt36 said:


> I try and find the landowner before I hunt on unposted land, last week I was watching alot of birds come off there roost and go to a field now here's the thing the land is posted but the sign has no name date or anything so can u hunt the land? gf reg. says posted sign must have name and date on it,


And therein the problem lies: Confusion. Usually if you stop by a house or farm near the field you can get a line on the owner. But that's the thing. You can't legally hunt that ground because it's posted. It's just like Burl said in his post. The land owner doesn't have to sign a poster to make it legal.

I don't hunt a field unless I can get clearance from the land owner either. But I think a lot of people do, and I can see how that can and will aggravate land owners to the point of just refusing hunters permission at all.

Long story short, the law says you can hunt unposted land in ND, while a lot of ND landowners/farmers, want to be asked and don't feel as though they need to post up. So the state legislature needs to step in and change that law and make it paramount that hunters get permission and possibly written permission.

Good luck, :beer: 
Dan


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## PJ (Oct 1, 2002)

It has always been my understanding that if a landowner really wanted to press charges against you for hunting their land, without permission, posted or not, they could. They would just have to follow through with a court appreance.


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## Gooseguy10 (Oct 10, 2006)

To me, posted is posted, regardless of its legal. The intent is there.

ND is truley an unique experience. We are all very lucky for the private property rules. In MN, anything agriculture, you must get permission first. This shuts out a lot of hunters in Minnesota. We would have a lot more hunting opportunities, and hunters, if our property laws mirrored ND.


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## huntingtim08 (Sep 17, 2004)

I agree if it is posted i will try to get permission. If i find a field i dont just look at one corner, i go to every corner of the field possible to look for signs and if i see a sigh i will stiil try to get permission even if i only find one. we are lucky to have the land rules here in north dakota and when we respect the landowners and their property it helps even more. But when the selected few dont respect it sometimes makes it harder for the ethical hunters


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## Pitboss (Sep 8, 2007)

We all could do alot to help our sport by respecting the landowner enough to ask permission wether the land is posted or not. This would give the landowner a chance to meet more of us and hopefully realize that not all of us are slobs


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## PJ (Oct 1, 2002)

Gooseguy10 said:


> In MN, anything agriculture, you must get permission first. This shuts out a lot of hunters in Minnesota. We would have a lot more hunting opportunities, and hunters, if our property laws mirrored ND.


I think the last thing Minnesota needs is more hunters. :lol:


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## Burly1 (Sep 20, 2003)

Changing the law to make all land closed without permission has come before the legislature, and was voted down. I'm glad. I have run into quite a few landowners that don't want to be fielding endless phone calls from folks looking for a place to hunt. Most of these don't post, and as long as you don't abuse their land or fences, all is good. I also think that might be the reason that some put up a new sign every year, without their name and/or phone number. I'll take it as it is, thanks. If it's not posted, I'll hunt, as the law allows. If I find a place I really want to get on, I'll find out who owns it. I'm always glad to meet new friends, but ALL farmers/ranchers know what the laws are. If they want to keep you off, they'll put up some kind of a sign, you can be sure.
Burl


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## USSapper (Sep 26, 2005)

Burly1 said:


> Changing the law to make all land closed without permission has come before the legislature, and was voted down. I'm glad. I have run into quite a few landowners that don't want to be fielding endless phone calls from folks looking for a place to hunt. Most of these don't post, and as long as you don't abuse their land or fences, all is good. I also think that might be the reason that some put up a new sign every year, without their name and/or phone number. I'll take it as it is, thanks. If it's not posted, I'll hunt, as the law allows. If I find a place I really want to get on, I'll find out who owns it. I'm always glad to meet new friends, but ALL farmers/ranchers know what the laws are. If they want to keep you off, they'll put up some kind of a sign, you can be sure.
> Burl


I agree 100%, dfisher, you can bet your sweat bootie that if a landowner doesnt want you on his land, the land WILL be posted. DOnt go changing a policy, that separates this state from every other, because one or two bad apples. If I was a big time land owner that didnt post his land and this new law went into affect, I sure would be one irritated SOB if I was getting stopped in the field because a rooster or gadwal was sitting in the ditch or sitting at the dinner table on a friday night and the phone rings.....Point being, the ones that post there land want to have people ask for permission before they enter their land (or are denied) and the ones that don't, dont care as long as the hunters are responsible.

Also I dont by the "Some farmers dont have enough time to post there land". They are out tending to the land the entire year, wouldnt be too time consuming to throw a sign up on each corner

To each his own on this one


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## HuntingGeek (Oct 12, 2007)

About once a week in our hunter ed class that I teach we try to bring in a Game Warden to present part of the material and answer questions. He gets asked this question quite often. Here are his answers: Most signs say "no hunting or trespassing". Signing and dateing are requirements of the hunting law, but not the trespassing law. If the landowner wants to press charges on trespassing you're most likely going to be found guilty. Section lines are open to the public for transportation purposes only. Hunting and trespass are controlled by the adjacent land owner. I'm with everyone else here who says that no matter how old the poster is, I stay off the field. In my opinion, if they don't sign the poster, than most likely they don't want to be bothered and will probably say no.


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## USSapper (Sep 26, 2005)

Huntingeek, Do you teach with Kevin K?


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## Ron Gilmore (Jan 7, 2003)

Just got back into town and read most of the posts. In regards to ND posting laws, one always has to remember that we have both the G&F and the Civil Law regarding this issue. A simple unsigned/undated NO TRESPASS sign covers civil law. This includes any activity!

Then there is the Game and Fish law which is the one listed in the proclamation. At times these laws conflict in hunters minds, but that is the only place.

So a landowner can at any time ask you to leave his property post or not. While you would not be in violation of the G&F law by continuing to hunt, you would be in violation of the civil law.

Not sure who posted about the *Letter of the Law*, you might want to inform your hunting partner about the fact that there are two laws to consider.

A number of larger landowners who post their land are going to metal signs with no Trespass on them in our area. While they do allow hunting they are doing so because of time issues and cost, and on some they even have their phone number painted on it, but no name or signature.


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## HuntingGeek (Oct 12, 2007)

USSapper said:


> Huntingeek, Do you teach with Kevin K?


No, thought I knew all the instructors in town but not him.


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## duckcommand (Dec 19, 2006)

You guys are lucky to be able to hunt land for free. Pretty much everything here in Colorado is a lease and a damn expesive one at that. I have one farmer that let's me hunt his river and corn but the rest of my fields are leases. What happened to the good ol days?


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## james.hunter (Sep 5, 2007)

people got gready


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## blhunter3 (May 5, 2007)

If a person asks for permission to hunt this year, will he be able to hunt it next without talking to the land owner first?


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