# Private Property question



## camaro2528 (Aug 22, 2005)

New to ND and wondering what the state law is when it comes to hunting ponds, etc. that are not owned by the state?


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## Hunter_58346 (May 22, 2003)

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 880 yards 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.

It is illegal to hunt on posted lands without permission from the owner or tenant. Trespass is a criminal violation punishable by suspension of hunting, fishing, and trapping privileges for a period of at least one year.

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.

Any person may enter upon legally posted land (without a weapon) to recover game shot or killed on land where he/she had a lawful right to hunt.

It is illegal to hunt in unharvested crops without the owner's consent. Crops also include alfalfa, clover, and other grasses grown for seed.

It is illegal to deface, take down, or destroy posting signs.

Failure to close gates upon exit or entry is a criminal violation, punishable by forfeiture of hunting licenses.


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## Bob Kellam (Apr 8, 2004)

Camero

Current state law says if the Land/Water is private and it is not posted you can hunt it without permission. If it is posted it does not necessarily mean you can not hunt it. Many landowners post their land because they want to know who is out there using their land, (people that have asked for permission to hunt). I have a rule with the people I hunt with that even if the land is not posted I still ask for permission to hunt. IMO it is common courtesy.

Bob


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## Van Wey (Jul 15, 2005)

Good Point Bob, even though the land is not posted it is always courteous to at least attempt to contact the owner or tenant!!! The majority of the time they will always grant you permission and they gain more respect for us hunters!!


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## Field Hunter (Mar 4, 2002)

How about this senerio?

A large wetland in ND is posted all the way around except for say 100 yards. Is it legal to hunt, as long as you stay on the water? A couple of freinds from MN say this is ok....I say not. I told them the posting follows the property line. I thnk they may be confused as most water in MN is controlled by the state and most water in ND is controlled bythe landowners.


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## dosch (May 20, 2003)

I would have to say because of the 100 yards thats not posted it is legal.
If it's not the same field that is posted.


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## always_outdoors (Dec 17, 2002)

FH: It is posted. The signs only need to be 1/4 apart. It would be highly unlikely that a small stretch of land along a pond would be open while the rest is posted.

Besides...why take the chance? No duck/goose is worth a butt ripping by a farmer or a ticket by a warden.

my $.02


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## Hunter_58346 (May 22, 2003)

The signs must be readable from the outside of the land and must be placed conspicuously not more than 880 yards 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.


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## always_outdoors (Dec 17, 2002)

1/4 mile apart. Ooops, my bad.

is that 880 yards?


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## Choclab (Nov 19, 2004)

Great answer Hunter, but what if you can not read the name or make out the phone number as it happens much too often. I'm not looking for a loophole, just wondering. Also, I agree with asking permission every time, but who do you ask? My experience is that finding the owner is nearly impossible. Seems to be a farm every 2-3 miles or more. Other than a plat map, what is the best way to find out who owns it. As y'all know, some farms own 20,000-40,000 acres.


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## mallard (Mar 27, 2002)

Ask the people living near the slough.They will know who owns what in the area.


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## FLOYD (Oct 3, 2003)

I think what FH is getting at is if the slough is in the center of the section lets say, and 3 of the quarters are posted, can you hunt the whole slough by accessing through the unposted quarter? This is a very good question.
He's not saying he's going to run out and do it, he's just asking a hypothetical question. I would say as long as it was not a meandered body of water when the original Public Land Survey was done, it would not be considered public water, and hence the property lines woud extend across the water. I have not taken the time to research or put much thought into it though. If it was meandered, it would be public water, and you could hunt the whole thing.

I am 6 months from getting my Professional Land Surveyor license, and I don't know this one???? Ouch.


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## Field Hunter (Mar 4, 2002)

Thanks Floyd,

Exactly what I wanted to know. Bad example with the 100 yards senerio. I guess you get what you ask for from all the experts on this site.


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## Ron Gilmore (Jan 7, 2003)

The water cannot be accessed via the unposted land! We have a number of big waters in my home area that meet this description. A hunter can only cross that property line to retrieve under the rules. No gun etc.

Checked on this about 5 years ago and I am not aware of a change in this law.


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## FLOYD (Oct 3, 2003)

Ron,

So what your saying is the same as what I'm guessing, right? The only sure way to know is to do some research of court cases that pertain to this situation. NJS??? I will see if I can find anything also.


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## FLOYD (Oct 3, 2003)

Hey Ron,

Is there a chance you could PM me the location of this body of water you are speaking of so I could check if it was meandered when it was surveyed? I just want to test my thought process against what you're saying......

Floyd


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## BigDaddy (Mar 4, 2002)

> I think what FH is getting at is if the slough is in the center of the section lets say, and 3 of the quarters are posted, can you hunt the whole slough by accessing through the unposted quarter?


If my understanding of the Century Code is correct, the landowner would own the land under the water, not the water itself. Therefore, you could enter the waterbody legally through adjacent private property if you had permission or if it was not posted. I think that you could even float a boat on the water anywhere on the slough. However, as soon as you touched bottom on the posted part of the slough, you would be trespassing.


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## Hunter_58346 (May 22, 2003)

ChocLab---Sorry about being so vague. We are used to not being able to read names or dates up here it's just that we know what is posted and when. It's you guys coming from afar that I feel sorry for not knowing who to contact. Plat maps are getting so that they are of no use anymore either. Yes it is better to ask but knowing who to ask is another matter. The only required info on posted signs here is name and current years date.


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## Choclab (Nov 19, 2004)

Thanks Hunter! Just so you know, if it's posted, we attempt to contact and move on.


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