Trespasser in my woods

[Ruffnek]

Do you have any idea where they might be parking? If they come back, block them in and call the local Sheriff or PD.

This. Right here.

As much as I'd like to be the guy that says go get 'em and run them off, it may not be the best idea. If they're bold enough to trespass, what else will they do? And don't always assume they're hunting. We went for a midnight stroll in our woods once and stumbled across someone's trail from the road to the neighbor's property, marked by glow in the dark paint. I suspect they were up to something... suspect.

 

[Mark 1911]

This. Right here.

As much as I'd like to be the guy that says go get 'em and run them off, it may not be the best idea. If they're bold enough to trespass, what else will they do? And don't always assume they're hunting. We went for a midnight stroll in our woods once and stumbled across someone's trail from the road to the neighbor's property, marked by glow in the dark paint. I suspect they were up to something... suspect.

Besides, why work that hard? Let them do the walking, right back to their car and a waiting LEO to explain themselves to.

 

[JimH]

Hey here's a thought, Coons are a liability, Get some coon hunters who you trust and let them kill the dam coons and they will run off other trespassers while they are there.

Were passing through while financially we may own some land we do not "possess" the land. Share what you have worked for and you might find out that you have a friend that will take care of your land between 12am and 6am. Kill some vermin, Save your chickens.

It's ok to say no deer hunters if you deer hunt, It's ok to say nobody can walk on my land, Sometime it reminds me of the kid in the sandbox with all the tonka trucks that won't let someone else play with them.

I encourage the right kind of people to trap and coon hunt on my land, And instead of worry I get reports from my FRIENDS about what was going on at 3am.

We don't let people deer hunt because we deer hunt but especially someone with a young hunter we always let them squirrel hunt and such. According to our trail camera's The animals adapt and are back in an hour when the coon hunters come through.

That's my 2 cents,

This is the way it should be.I coon,deer hunt,turkey hunt and everything else,and have no problem with coon hunters coming on my property to get their dogs.I figure every coon killed is a turkey nest saved.I have coon hunted for nearly 50 years and have never had a landowner conflict-of coarse I try to let people know when I am hunting and am usually in by 10 pm.I have never left a dog in the woods-if I take them hunting they come home with me,the sole exception was to bury one.

 

[Skullglide]

I am not sure where he would park. Not on my property. I live down a 400-500 yard curvy lane. My property is part of a 30 acre woods. Not sure if it’s someone on the backside or not. My neighbor has had a few folks run coons within 20 yards of his house.

 

[Ruffnek]

30 acre woods

Ain't that where Pooh lived when he was on welfare?

 

[phylodog]

Definitely disagree with some sentiments here. Your land is yours and as long as you're alive it belongs to you and you alone. If you choose to allow others onto your land to hunt, trap or just enjoy nature then that's absolutely your prerogative, refusing is as well.

Not everyone manages their property the same way. While some may find that trespassers have virtually zero effect on "their" deer that has not been our experience. We've put up with coon hunters, ginseng hunters, mushroom hunters and poachers and while they certainly don't run every deer off of the farm the mature bucks we're after will not tolerate much before moving elsewhere.

I'd like to see the old "rule of thumb" brought back. If you catch someone trespassing without a very, very good reason you should be able to beat them with a stick no bigger than the diameter of your thumb until they're off of your property.

 

[Alamo]

IIRC many (most?) states have arranged their trespassing and recreational use laws to encourage landowners to allow others to enter their lands for recreational purposes by shielding the landowner from liability for normal dangers. These laws often generally forbid certain activities by the trespasser, like hunting/trapping/fishing/shooting, but do not generally forbid entry unless the landowner has provided notification.

Thus I would not assume that just because the land is yours anyone crossing it without your permission is doing so illegally if you haven't provided notice in a manner that Indiana law specifies. Also the landowner is not shielded from liability for dangers that landowner creates, like tiger traps, shotgun booby traps, and so forth.

I would advise checking into the law thoroughly and if painting purple stripes on the trees is what the law calls for in Indiana, then paint away.

 

[ghuns]

OK, explain to this now city-fied boy why people feel the need to hunt raccoons, let alone trespass to do so? Is the pelt actually worth something?

Because drinking beer in the privacy of your own home isn't as fun as doing it in the woods, at night, with guns, with your buddies, and your dogs, while trespassing?

 

[phylodog]

Here is Indiana's code for those interested: https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-43-2-2.html

 

[Rookie]

For me and my family on our land we do not want the liability if someone gets hurt. I have been in a lawsuit that cost me a lot of money, stress and time lost and I will do my best to minimize future issues. And yes we do allow one person to only hunt deer.


chuck

You're covered by law...

IC 34-31-9

https://indiana-hunting-permission-form.pdffiller.com

 

[singlesix]

You're covered by law...

IC 34-31-9

https://indiana-hunting-permission-form.pdffiller.com

Lawyer recently told me release from liability forms are waste of ink. At least with my insurance they have the right to act on my behalf to recover cost, if I want them to cover medical expenses.

 

[phylodog]

The forms serve to prove you have permission to be on someone's property, it doesn't protect the land owner. The law is written to protect the land owner.

 

[chuckp]

You're covered by law...

IC 34-31-9

https://indiana-hunting-permission-form.pdffiller.com

The trespassers do not fill out the form you referenced.

 

[phylodog]

Doesn't matter whether they do or don't, the form isn't what protects the landowner.

 

[Rookie]

The trespassers do not fill out the form you referenced.

Here's the complete Indiana law. I looked but didn't see where trespassers are exempt from the law, but feel free to show me if I missed it.

IC 34-31-9
Chapter 9. Limited Liability Arising From Agritourism
Activities
IC 34-31-9-1
Chapter application
Sec. 1. (a) This chapter does not apply to activities if the
participant is paid to participate in the activity.
(b) This chapter does not apply to an agritourism provider who
does not comply with the requirements concerning signs and warning
notices required by this chapter.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-2
"Agritourism activity"
Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or agribusiness
operation where the general public is allowed or invited to
participate in, view, or enjoy the activities for recreational,
entertainment, or educational purposes, including farming,
ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets;
(2) an activity involving an animal exhibition at an agricultural
fair; or
(3) natural resource based activities and attractions, including
hunting, fishing, hiking, and trail riding.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-3
"Agritourism provider"
Sec. 3. As used in this chapter, "agritourism provider" means a
person who provides the opportunity for agritourism activities
whether or not the participant pays to participate in the activity. The
term includes employees or authorized agents who offer or conduct
agritourism activities on behalf of an agritourism provider.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-4
"Inherent risks of agritourism activities"
Sec. 4. As used in this chapter, "inherent risks of agritourism
activities" means those conditions, dangers, or hazards that are an
integral part of an agritourism activity, including the following:
(1) Surface and subsurface conditions and natural conditions of
land, vegetation, and waters.
(2) The behavior of wild or domestic animals.
(3) The ordinary dangers of structures or equipment when the
structures or equipment are being:
(A) used; or
Indiana Code 2016
(B) stored;
by an agritourism provider in a manner and for a purpose for
which a reasonable person should know that structures or
equipment is intended.
(4) The negligent acts of a participant that may contribute to
injury to the participant or others, including failing to follow
instructions given by an agritourismprovider, failing to exercise
reasonable caution while engaging in the agritourism activity,
or failing to obey written warnings or postings on the premises
of the agritourism operation.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-5
"Land"
Sec. 5. As used in this chapter, "land" means all real property,
land, and water including all structures, fixtures, equipment, and
machinery located on the property.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-6
"Monetary consideration"
Sec. 6. As used in this chapter, "monetary consideration" means
a fee or other charge for permission to go upon a tract of land. The
term does not include:
(1) the gratuitous sharing of game, fish, or other products of the
recreational use of the land;
(2) services rendered for the purpose of wildlife management;
or
(3) contributions in kind made for the purpose of wildlife
management.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-7
"Participant"
Sec. 7. As used in this chapter, "participant" means any person,
other than the agritourism provider, who engages in an agritourism
activity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-8
"Person"
Sec. 8. As used in this chapter, "person" means an individual,
governmental entity, corporation, limited liability company,
partnership, unincorporated association, or otherlegal or commercial
entity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-9
Indiana Code 2016
Effect of receiving compensation
Sec. 9. An activity may be an agritourism activity whether or not
a participant provides monetary or other valuable compensation to
participate in the activity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-10
Immunity from liability
Sec. 10. (a) Subject to section 11 of this chapter, an agritourism
provider is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of agritourism activities.
(b) Subject to section 11 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an agritourism provider for injury, loss, damage, or death of the
participant resulting from an inherent risk of agritourism activities.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-11
Exceptions to immunity for certain acts and omissions
Sec. 11. Section 10 of this chapter does not prevent or limit the
liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have known
of:
(A) a dangerous condition on the land, facilities, or
equipment used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used in
the agritourism activity;
and does not make the danger known to the participant and the
danger proximately causes injury, damage, or death to the
participant;
(2) who fails to properly train, or improperly or inadequately
trains, employees who are actively involved in agritourism
activities and an act or omission of the employee proximately
causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of
the participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-12
Requirementsfor providers who receive monetary consideration;
Indiana Code 2016
signs; release; warning notice
Sec. 12. (a) This chapter does not apply to an agritourismprovider
who receives monetary consideration from an individual other than
a government agency unless an agritourism provider:
(1) posts and maintains a sign on which is printed the warning
notice set forth in section 14 of this chapter; or
(2) has a signed release from the participant indicating that the
participant has received written notice of the warning set forth
in section 13 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearly
visible location at the main point of entrance to the agritourism
activity.
(c) The warning notice on a sign referred to in subsection (a) must
be printed in black letters, and each letter must be at least one (1)
inch in height.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-13
Written contract warning notice
Sec. 13. If there is a written contract between an agritourism
provider and a participant for the providing of access, services,
instruction, or the rental of equipment to a participant for purposes
of engaging in or participating in an agritourism activity, the contract
must contain in clearly readable print the warning notice specified in
section 14 of this chapter.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-14
Contents of warning notice
Sec. 14. The warning notice that must be printed on a sign under
section 12 of this chapter and included in a written contract under
section 13 of this chapter is as follows:
WARNING
Under Indiana law, an agritourism provider is not liable for an
injury to, or the death of, a participant in agritourism activities
at this location if the death or injury results from the inherent
risks of agritourism activity.
Inherent risks of agritourism activities include risks of injury
inherent to land, equipment, and animals as well as the potential
for you to act in a negligent manner that may contribute to your
injury or death, or for other participants to act in a manner that
may cause you injury or cause your death.
You are assuming the risk of participating in this agritourism
activity.
As added by P.L.3-2011, SEC.1.
Indiana Code 2016

 

[BigRed]

https://www.gunbroker.com/item/800601323


They work.

 

[chuckp]

Here's the complete Indiana law. I looked but didn't see where trespassers are exempt from the law, but feel free to show me if I missed it.

IC 34-31-9
Chapter 9. Limited Liability Arising From Agritourism
Activities
IC 34-31-9-1
Chapter application
Sec. 1. (a) This chapter does not apply to activities if the
participant is paid to participate in the activity.
(b) This chapter does not apply to an agritourism provider who
does not comply with the requirements concerning signs and warning
notices required by this chapter.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-2
"Agritourism activity"
Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or agribusiness
operation where the general public is allowed or invited to
participate in, view, or enjoy the activities for recreational,
entertainment, or educational purposes, including farming,
ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets;
(2) an activity involving an animal exhibition at an agricultural
fair; or
(3) natural resource based activities and attractions, including
hunting, fishing, hiking, and trail riding.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-3
"Agritourism provider"
Sec. 3. As used in this chapter, "agritourism provider" means a
person who provides the opportunity for agritourism activities
whether or not the participant pays to participate in the activity. The
term includes employees or authorized agents who offer or conduct
agritourism activities on behalf of an agritourism provider.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-4
"Inherent risks of agritourism activities"
Sec. 4. As used in this chapter, "inherent risks of agritourism
activities" means those conditions, dangers, or hazards that are an
integral part of an agritourism activity, including the following:
(1) Surface and subsurface conditions and natural conditions of
land, vegetation, and waters.
(2) The behavior of wild or domestic animals.
(3) The ordinary dangers of structures or equipment when the
structures or equipment are being:
(A) used; or
Indiana Code 2016
(B) stored;
by an agritourism provider in a manner and for a purpose for
which a reasonable person should know that structures or
equipment is intended.
(4) The negligent acts of a participant that may contribute to
injury to the participant or others, including failing to follow
instructions given by an agritourismprovider, failing to exercise
reasonable caution while engaging in the agritourism activity,
or failing to obey written warnings or postings on the premises
of the agritourism operation.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-5
"Land"
Sec. 5. As used in this chapter, "land" means all real property,
land, and water including all structures, fixtures, equipment, and
machinery located on the property.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-6
"Monetary consideration"
Sec. 6. As used in this chapter, "monetary consideration" means
a fee or other charge for permission to go upon a tract of land. The
term does not include:
(1) the gratuitous sharing of game, fish, or other products of the
recreational use of the land;
(2) services rendered for the purpose of wildlife management;
or
(3) contributions in kind made for the purpose of wildlife
management.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-7
"Participant"
Sec. 7. As used in this chapter, "participant" means any person,
other than the agritourism provider, who engages in an agritourism
activity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-8
"Person"
Sec. 8. As used in this chapter, "person" means an individual,
governmental entity, corporation, limited liability company,
partnership, unincorporated association, or otherlegal or commercial
entity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-9
Indiana Code 2016
Effect of receiving compensation
Sec. 9. An activity may be an agritourism activity whether or not
a participant provides monetary or other valuable compensation to
participate in the activity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-10
Immunity from liability
Sec. 10. (a) Subject to section 11 of this chapter, an agritourism
provider is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of agritourism activities.
(b) Subject to section 11 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an agritourism provider for injury, loss, damage, or death of the
participant resulting from an inherent risk of agritourism activities.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-11
Exceptions to immunity for certain acts and omissions
Sec. 11. Section 10 of this chapter does not prevent or limit the
liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have known
of:
(A) a dangerous condition on the land, facilities, or
equipment used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used in
the agritourism activity;
and does not make the danger known to the participant and the
danger proximately causes injury, damage, or death to the
participant;
(2) who fails to properly train, or improperly or inadequately
trains, employees who are actively involved in agritourism
activities and an act or omission of the employee proximately
causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of
the participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-12
Requirementsfor providers who receive monetary consideration;
Indiana Code 2016
signs; release; warning notice
Sec. 12. (a) This chapter does not apply to an agritourismprovider
who receives monetary consideration from an individual other than
a government agency unless an agritourism provider:
(1) posts and maintains a sign on which is printed the warning
notice set forth in section 14 of this chapter; or
(2) has a signed release from the participant indicating that the
participant has received written notice of the warning set forth
in section 13 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearly
visible location at the main point of entrance to the agritourism
activity.
(c) The warning notice on a sign referred to in subsection (a) must
be printed in black letters, and each letter must be at least one (1)
inch in height.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-13
Written contract warning notice
Sec. 13. If there is a written contract between an agritourism
provider and a participant for the providing of access, services,
instruction, or the rental of equipment to a participant for purposes
of engaging in or participating in an agritourism activity, the contract
must contain in clearly readable print the warning notice specified in
section 14 of this chapter.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-14
Contents of warning notice
Sec. 14. The warning notice that must be printed on a sign under
section 12 of this chapter and included in a written contract under
section 13 of this chapter is as follows:
WARNING
Under Indiana law, an agritourism provider is not liable for an
injury to, or the death of, a participant in agritourism activities
at this location if the death or injury results from the inherent
risks of agritourism activity.
Inherent risks of agritourism activities include risks of injury
inherent to land, equipment, and animals as well as the potential
for you to act in a negligent manner that may contribute to your
injury or death, or for other participants to act in a manner that
may cause you injury or cause your death.
You are assuming the risk of participating in this agritourism
activity.
As added by P.L.3-2011, SEC.1.
Indiana Code 2016

Im not an "Agritourism provider."

 

[mom45]

It seems many in our area who have issues with "coon hunters" retrieving their dogs, also end up having issues with items stolen from their outbuildings and property. If I catch someone on my property, it is an immediate call to county dispatch and/or the DNR.

 

[Rookie]

As used in this chapter, "agritourism provider" means a
person who provides the opportunity for agritourism activities...

"Agritourism activity"
Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or agribusiness
operation where the general public is allowed or invited to
participate in, view, or enjoy the activities for recreational,
entertainment, or educational purposes, including farming,
ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets;
(2) an activity involving an animal exhibition at an agricultural
fair; or
(3) natural resource based activities and attractions, including
hunting, fishing, hiking, and trail riding.

INCLUDING HUNTING...

If you allow anyone to hunt on your property, you are, by definition, an agritourism provider.

Kind of hard to argue black and white.

 

[Rookie]

And yes we do allow one person to only hunt deer.



chuck

This meets the definition of agritourism provider.

Congratulations, you're protected by law.