Tresspassers....again

[Flinttim]

Justin, bring a CO in on it. They love that stuff.Our place in Jennings Co used to have the same issue and I got to know a CO who lives down the road. He goes by the place every day or two. I told him if he saw any truck there other than mine someone is there who should not be.It's worked out well. He found one knothead several feet inside our line, up a tree. His excuse was "Oh, I thought I was on Grandpa's property " The CO ..."your grandpa lives a mile from here " No more problems.. The only real trouble we have had lately is the landowner who butts up to us to the south died a few years back. His widow still lives in the house but getting infirmed. He was always a joy to get along with,he knew the property line, and we knew the line, neither one of us had to post signs. After he died the two sons who live in Indy thought the line needed posted. They put a sign on trees about 10 yds apart. One tree of course was 10 yds inside our line and the tree was a big black cherry market tree. I had to go get a hammer to pull the 16 penny nails out of the tree !!!! I really wish Indiana had adopted the Purple Paint law . It was part of the original DNR centerfire proposal/ hearings but somehow got turned down. Signs are getting awful pricey.

 

[jblomenberg16]

Justin, bring a CO in on it. They love that stuff.Our place in Jennings Co used to have the same issue and I got to know a CO who lives down the road. He goes by the place every day or two. I told him if he saw any truck there other than mine someone is there who should not be.It's worked out well. He found one knothead several feet inside our line, up a tree. His excuse was "Oh, I thought I was on Grandpa's property " The CO ..."your grandpa lives a mile from here " No more problems.. The only real trouble we have had lately is the landowner who butts up to us to the south died a few years back. His widow still lives in the house but getting infirmed. He was always a joy to get along with,he knew the property line, and we knew the line, neither one of us had to post signs. After he died the two sons who live in Indy thought the line needed posted. They put a sign on trees about 10 yds apart. One tree of course was 10 yds inside our line and the tree was a big black cherry market tree. I had to go get a hammer to pull the 16 penny nails out of the tree !!!! I really wish Indiana had adopted the Purple Paint law . It was part of the original DNR centerfire proposal/ hearings but somehow got turned down. Signs are getting awful pricey.

Thanks for the advice! Other than opening weekend we've not seen anyone else down there, so either they got a deer or they got the message. In the off-season we're going to need to have some conversations with the land owners around us to see how we handle it. The way some of the property lines run it will take several of the owners to all agree on a plan, since someone could be just over on the other side of the line (still trespassing) but not on ours. I've done a little calling around and sounds like the guy we bumped into this year has a habit of this and everyone is tired of dealing with him.

 

[indyjohn]

This is pricey but we're going for it. Real time pics sent to your phone. Call the CO or the Sherriff. Caught in the act.

Bushnell - Aggressor Wireless

 

[natdscott]

The only solution (and bear in mind I have not seen it actually STOP all of it yet) in my mind that is legally obtainable is to catch them, gather as much evidence as you can, and provide it ALL as calmly and fluently to the Conservation Officer nearest you. Don't d*$# around with "TIPS" either. Just call the District Office and request immediate assistance.

Only caveat: make DARN sure you have a legitimate case. The CO's are beaten to death this time of years as it is, and about the first "cry wolf" you make will mean the next time that you get visited last call of the day.

Last tip: When asked, as a property owner, whether you want to press charges: PRESS CHARGES. Let the SOB pay for it in full.

We let sh&% slide for YEARS with no result. With a couple incidents now on the books in the local courthouses, issues have slowed down...a little.


-Nate

 

[96firephoenix]

We had someone come in and build a blind on the property I've got permission to hunt on. As soon as I saw that I slung the crossbow and pulled out my 9mm. Wasn't gonna take the chance that someone wouldn't jump from poaching to murder. Blind was empty anyway, but still...

Landowner was very explicit: no new permanent structures, no ATV/ORV use.

Still saw ATV tracks all through it, and this blind was the last straw for the landowner. Sold off 2/3 of the land the next year.

 

[Tactically Fat]

How much would a 5' high chain-link fence cost to have erected (heh) around my 2-3 hundred acres I'm planning on buying with my lottery money?

 

[Mark 1911]

Seems like respect for the property of others is becoming harder and harder to come by, I sympathize with you and hope you're able to put a stop to it.

I talked to 2 different landowners last weekend. Both of them also have a problem with trespassers, the guy with the bigger property seems to also have the bigger headache with trespassers. It escalated last year when he found a bloody drag trail in the snow from his property onto the neighboring property. He set up some trail cams and eventually got multiple pictures of the same guy. Turned out to be the seventeen year old son of the neighboring property owner - no respect. It came to a head one morning when he heard several shots that sounded like either on or very close to his property. He called DNR and two COs immediately came out to his property, one was a supervisor. They caught the perp with 5 dead deer on the property he had no permission to be on. Owner had the pleasure of watching the DNR confiscate the weapon of the poacher / trespasser. Hopefully that clears up the problem for a while.

 

[jblomenberg16]

Small update...the DNR called a family member that has some adjacent property and had a discussion about what he's been seeing. They've had several reports of trespassing in the area, and are putting a case together. They'd gotten a few tips from others, including some reports of spot lighting in the same area, and have a pretty good idea of who's behind it. They wanted some additional info, so we'll see where this goes.

 

[Leadeye]

Can't figure this guy, bow hunting during gun season in this jungle. Best shot he'll get in that entire area will be 15 yards without hitting a sapling. Now having to figure out how he got in, he didn't leave a trash trail like most do.

 

[dm1986]

There's actually a guy who put up a fence in Boone County, only it was a 10' fence over several hundred (or more) acres.

 

[amboy49]

There's actually a guy who put up a fence in Boone County, only it was a 10' fence over several hundred (or more) acres.

The guy you are talking about is the former owner of a company called Australian Gold. He sold that company a few years ago to a fellow named Steve Hilbert. If you don't recognize that name do a quick Google search. He was the subject of some notoriety.

Anyway, the landowner identified took his bottomless wallet and purchased a lot of northern Boone Co. farmland several years ago. The ground was all cropland, timber, and creek bottom. A lot of it was on or around the former Old Indiana site. He paid, in many cases, a ridiculous premium compared to market values. He apparently wasn't concerned about farming to make a profit so price wasn't an object. As was mentioned, he then proceeded to high fence everything. The DNR came along and told him he'd trapped the "state's deer" behind the fence and attempted to drive all of the deer out of a several hundred acre enclosure. You can imagine how successful that was !

About two two years ago he and his now ex-wife couldn't get along so she ended up with half of the real estate ! Regardless, he still has a lot of ground left. It all is high fenced. He has a few rental houses on his property and two are occupied by a deputy sheriff and a CO. In the first years he owned the land he made certain he chased everyone off his property and followed thru with prosecuting every one he could. Sometimes it wasn't even his property - but he attempted to bully and intimidate everyone in the area. He even kept people from floating down Sugar Creek during the summer who were just tying to catch a few small mouth bass. Suffice to say he is not well liked by his neighbors.

Putting up a 10' fence would/does work for keeping out trespassers. Certainly cost prohibitive for most folks though !

 

[Tandem160]

U can't own a waterway..as long as u dont step on land or anchor on land u can fish all u want.

 

[BobDaniels]

The guy you are talking about is the former owner of a company called Australian Gold. He sold that company a few years ago to a fellow named Steve Hilbert. If you don't recognize that name do a quick Google search. He was the subject of some notoriety.

Anyway, the landowner identified took his bottomless wallet and purchased a lot of northern Boone Co. farmland several years ago. The ground was all cropland, timber, and creek bottom. A lot of it was on or around the former Old Indiana site. He paid, in many cases, a ridiculous premium compared to market values. He apparently wasn't concerned about farming to make a profit so price wasn't an object. As was mentioned, he then proceeded to high fence everything. The DNR came along and told him he'd trapped the "state's deer" behind the fence and attempted to drive all of the deer out of a several hundred acre enclosure. You can imagine how successful that was !

About two two years ago he and his now ex-wife couldn't get along so she ended up with half of the real estate ! Regardless, he still has a lot of ground left. It all is high fenced. He has a few rental houses on his property and two are occupied by a deputy sheriff and a CO. In the first years he owned the land he made certain he chased everyone off his property and followed thru with prosecuting every one he could. Sometimes it wasn't even his property - but he attempted to bully and intimidate everyone in the area. He even kept people from floating down Sugar Creek during the summer who were just tying to catch a few small mouth bass. Suffice to say he is not well liked by his neighbors.

Putting up a 10' fence would/does work for keeping out trespassers. Certainly cost prohibitive for most folks though !

We moved to Boone Co a few years ago and I've heard lots of folks discuss the person you mentioned; not one person had anything positive to say about him.

The story I heard about the creek involved lots of rip-rap and violence towards those who tried to walk around his pile of rocks that blocked them from floating down the creek. I have my doubts as to the validity of that particular story but he does seem bat **** crazy so anything is possible when you have a guy with more money than sense.

 

[Landon]

U can't own a waterway..as long as u dont step on land or anchor on land u can fish all u want.

From the stories I have heard that was the problem, there were shallow areas of the creek that you could not float through and had to get out and pull the boat/ canoe across and once they got out they were trespassing.

 

[churchmouse]

We moved to Boone Co a few years ago and I've heard lots of folks discuss the person you mentioned; not one person had anything positive to say about him.

The story I heard about the creek involved lots of rip-rap and violence towards those who tried to walk around his pile of rocks that blocked them from floating down the creek. I have my doubts as to the validity of that particular story but he does seem bat **** crazy so anything is possible when you have a guy with more money than sense.

If he is blocking the waterway he is again...in the wrong.

 

[BobDaniels]

If he is blockung the waterway he is again...in the wrong.

I agree, but I get the impression this guy feels the laws don't apply to him and he can do whatever he wants. I've heard a few different versions of a story as to why he went off the deep end, but that certainly doesn't make him right or give him the right. If you recall the corn field next to my driveway, he owns that too, much to my chagrin.

 

[two70]

U can't own a waterway..as long as u dont step on land or anchor on land u can fish all u want.

Yes and no. If the stream is considered/designated to be navigable then what you posted is correct. If it is non-navigable then that is not the case.

 

[churchmouse]

I agree, but I get the impression this guy feels the laws don't apply to him and he can do whatever he wants. I've heard a few different versions of a story as to why he went off the deep end, but that certainly doesn't make him right or give him the right. If you recall the corn field next to my driveway, he owns that too, much to my chagrin.

Deep end or not the same applies to him.
My sister has a neighbor that this guy reminds me of.
Had a few conversations with him as to where his property ended. He was always wrong just an a$$hat bully.
When he realizes we are not to be bullied he retreats.

 

[amboy49]

Yes and no. If the stream is considered/designated to be navigable then what you posted is correct. If it is non-navigable then that is not the case.

I had heard of the premise in law that you cite re: navigation. I never was quite clear on the distinction As a point of law. Regardless, a friend of mine lives on Sugar Creek and had floated the creek for years. When the new"neighbor" starting acquiring both sides of the creek he began to make life miserable for folks. I'm not saying he had the CO in his pocket, but I can attest to several instances where the CO, at the request of his landlord, made life very difficult for some non ill intentioned sportsmen.

The navigable vs non navigable relevance issue came to light when my friend tried to wade Sugar Creek and fish it. He was able to get into the creek at his house since his property line went right down to the creek's edge, but he was technically unable to get out downstream because he was trespassing. The neighbor had literally dozens of trail cameras set out and he used them as both an intimidation factor and as a source of evidentiary submission when he pressed for trespass violations.

A number of circumstances did arise over time where seemingly strong woven wire fence 10' high had multiple inexplicable failures - perhaps due to manufacturers defect or acts of God. Some say wire cutter marks were observed but I can't say one way or the other if that allegation is true.

 

[dm1986]

I had heard of the premise in law that you cite re: navigation. I never was quite clear on the distinction As a point of law. Regardless, a friend of mine lives on Sugar Creek and had floated the creek for years. When the new"neighbor" starting acquiring both sides of the creek he began to make life miserable for folks. I'm not saying he had the CO in his pocket, but I can attest to several instances where the CO, at the request of his landlord, made life very difficult for some non ill intentioned sportsmen.

The navigable vs non navigable relevance issue came to light when my friend tried to wade Sugar Creek and fish it. He was able to get into the creek at his house since his property line went right down to the creek's edge, but he was technically unable to get out downstream because he was trespassing. The neighbor had literally dozens of trail cameras set out and he used them as both an intimidation factor and as a source of evidentiary submission when he pressed for trespass violations.

A number of circumstances did arise over time where seemingly strong woven wire fence 10' high had multiple inexplicable failures - perhaps due to manufacturers defect or acts of God. Some say wire cutter marks were observed but I can't say one way or the other if that allegation is true. 

I am fully aware of all the rumors surrounding this gentleman. I have heard the rumor that he put up a fair amount of money for the community center, but I can't back that up with any proof. I did know that one of his friends/renters was law enforcement, but I did NOT know that one of his renters was CO.