# Trespassing Question



## Perry Thorvig (Mar 6, 2002)

Ok, here is the law:

"It is illegal to hunt upon the premises of another within 440 yards of any occupied building without the consent of the person occupying the building. This does not prohibit hunting on land owned by neighbors (private or public) even if the land is less than 440 yards from the occupied building."

"Road Rights of Ways - Do not hunt on road rights of ways unless you are certain that they are open to public use. Most road right of ways are under the control of the adjacent landowner and are closed to hunting when the adjacent land is posted closed to hunting."

Now, here is the hypothetical"

I am driving past an occupied farm place that is posted but I am not more than 440 yards away from the occupied building. I spot a pheasant in the ditch on the opposite side of the road from the occupied farm place. That property adjacent to the ditch where the pheasant is running is not posted. Given the language above. Can I get out of my vehicle and hunt the road ditch on the unposted side of the road??


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## dblkluk (Oct 3, 2002)

As I have understood it NO, unless you own the land or it is public (WMA, WPA etc.). Now lets get really confusing, what if its PLOTS land across the road??
Anyone?? :-?


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## g/o (Jul 13, 2004)

Perry, Here is the way it is confusiing yes but its the law. If I own land on both sides of the road posted or not if you are with in 440 yards you may not shoot. Now if the land across the road from my house is owned by someone else and is not posted you may shoot. Even if you are within 20 yards of my house. I would advise people to use common courtesy here when doing such. I know of one PLOTS where it went with in 50 yds. of the farmers home. Perfectly legal, but take a good look at the ethics.


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## dleier (Aug 28, 2002)

g/o explained it pretty well for an internet message board. couple pieces of advice:
1) while in the field, if you don't know--don't go. plain and simple will probably save your some Tylenol in the future

2) it's difficult to explain everything in type and on a message board, so best to pick up the phone and call 701.328.6300 and ask for Enforcment Division


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## njsimonson (Sep 24, 2002)

Ummm...quit road hunting and get a dog?


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## johnsona (Dec 4, 2003)

g/o and dleier pretty much got it down for ya. Like he said, if you don't know, don't go! And have some ethics about it too, because after all, it's only pheasants (can't believe I of all ppl just said that), and it's just not worth ruining someones day over. Another thing, what if you shoot too close to a landowner's place, say a landowner who leaves some pretty good stuff unposted, and piss him off enough by shooting close to his house that he decides to go and post it all up? Not cool, not cool at all.

I'm with nj, just get outta the truck and actually hunt! In my eyes at least, those roosters deserve better than you just getting out of your rig and popping them. I mean where's the challenge?

Have fun and shoot straight this wknd boys, but most of all be safe! :beer:


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## stevepike (Sep 14, 2002)

I disagree (if I am reading g/o's interpretation correctly).
If you are not the adjacent landowner, have permission from them/are with them, or it is PLOTS land (basically the state giving you permission) you are not allowed to shoot within 440 yds. I think the 440 rule supercedes the no trespass rule.

As all have said, even if you are allowed to shoot within 440, ie PLOTS, still not the best idea. The landowner may not re-enroll in PLOTS again if people are shooting near his buildings. If you always obey the 440 rule, you will be fine. A couple pheasants definitely aren't worth the a$$ chewing,losing more hunting ground or anything in between.

nj has a good idea too. 8)


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## g/o (Jul 13, 2004)

Steve, I wouldn't expect you to believe me, call 701-328-6300 and check with enforcement as Dougie suggested you will find I'm correct.


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## always_outdoors (Dec 17, 2002)

Stevepike:

g/o is correct.


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## deacon (Sep 12, 2003)

Okay that means come out guns a blazin. :sniper:


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## Dexter (Sep 27, 2004)

A bit winded, but I'll get to the point... I promise!

I live in the SE 1/4 of a section, another person owns the NE 1/4. My home is about 200 yds south of our common line. There are trees and a creek that seperate us, and the other owner hunts deer close to our common line. I called enforcement, just to see if he is legally binded by the 440 rule, *AND HE IS NOT*. According to the lady on the phone, he is on his own property and may do as he pleases on that property, regardless of the proximity to my residence. From a legal standpoint, I would think the same would apply to PLOTS, etc.

Again, being legal and being ethical are two completely different topics. :wink:


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## BIRDSHOOTER (Jul 18, 2005)

I know this is all about common sense and everything, but the 440 yard rule has got me a little baffled. At 439 yards my 12 ga. with birdshot isn't going to hurt anyone's house, yet an errant 30-06 round could still be deadly even further. I know... How do you draw the line ? have two laws 1 for shotgun and 1 for rifle, I doubt it. Any comments?


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## Perry Thorvig (Mar 6, 2002)

Thanks for all the opinions guys. My question lead to a good exchange. Now you know why it is tough to be a Supreme Court judge. :lol:

Seriously, I read it the way g/o reads the law.


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