# Question on trespass



## DonC (Oct 9, 2005)

Question came up on another forum if it is legal to hunt upland game on unposted land in ND?? And where does it say that in the state regs. ?? Thanks in advance.........


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## R y a n (Apr 4, 2005)

Hi Don

Yes it is legal to hunt _*all*_ game on unposted fields in North Dakota. This is outlined in the North Dakota Century code by statute. Please note that you will see the Century Code mandates a process by which land needs to be posted. Under the law, if a landowner wishes to prevent hunting on his property he must post it per the regulations in this law. This then infers that unless posted as outlined in that statute, that *non*-posted land is open to the public.

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*20.1-01-17*. Posting of lands by owner or tenant to prohibit hunting - How posted - Signs defaced. Only the owner or tenant of any land may post it by placing signs alongside the public highway or the land giving notice that no hunting is permitted on the land. The name of the person posting the land must appear on each sign in legible characters. The signs must be readable from the outside of the land and must be placed conspicuously not more than eight hundred eighty yards [804.68 meters] apart. As to land entirely enclosed by a fence or other enclosure, posting of signs at or on all gates through the fence or enclosure constitutes a posting of all the enclosed land. No person may in any manner deface, take down, or destroy posting signs.

*20.1-01-18*. Hunting on posted land and trapping on private land without permission unlawful - Penalty. No person may hunt or pursue game, or enter for those purposes, upon legally posted land belonging to another without first obtaining the permission of the person legally entitled to grant the same. No person may enter upon privately owned land for the purpose of trapping protected fur-bearing animals without first gaining the written permission of the owner or operator of that land. A person who violates this section is guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a subsequent offense within a two-year period.

*20.1-01-19.* When posted land may be entered. Any person may enter upon legally posted land to recover game shot or killed on land where the person had a lawful right to hunt.

*20.1-01-20.* Entering posted land with gun or firearm prima facie evidence of intent to hunt game. Proof that a person having a firearm, or other weapon declared legal by governor's proclamation, in the person's possession entered upon the legally posted premises of another without permission of the owner or tenant is prima facie evidence the person entered to hunt or pursue game.

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Here is a link to that statute:
http://www.legis.nd.gov/cencode/t201c01.pdf

If you would like to visit another interesting link that outlines the history of access in American history as it relates to hunting review this link:

http://www.law.duke.edu/journals/dlj/ar ... 54p549.htm

It has some interesting information on how precedent exists in other states, and compares the different types of access in the different states. It also has interesting case law of a recent ND lawsuit on hunting access.

Please let me know if you have any further questions

Ryan

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## DonC (Oct 9, 2005)

Thanks Ryan that should clear it up


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## R y a n (Apr 4, 2005)

No problem!

Glad you came to this place to find the right information! Too many times people visit other forums where the information is based more on heresay than fact.....

Have a great weekend!

Ryan

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