TN RDG RNR":3aef0dra said:
megalomaniac is right the landowner has to be willing to follow through with the prosecution. In our case I am certain that the landowner would but unless it becomes absolutely necessary wouldn't ask him. He owns several tracks of property in Georgia, Tennessee and Kentucky so he is very busy. He also lives around 5 hours south of us, and is an older gentleman so it would be a huge inconvenience to him to come take out warrants and attend court dates ect...
Think this can be handled calling a Deputy out scaring the low lifes and shaming the folks that have just made a one time mistake.
Know I shouldn't whine and not be willing to follow through but it feels really good to vent to folks that feel my pain.
Thanks for all the opinions.
In your case, I 'believe' the primary lessee (your hunt club manager), can prosecute for dues for that year from the poacher (of course that would involve the expenses of getting an attorney). Alternatively, the landowner can give rights to prosecute in writing for your lease manager to stand in his stead in court against trespassers. You might want to look into this in the future. Another option is to have a clause inserted into your lease agreement that uninvited 'guests' are to be charged for a full years' dues, then the managers can vote to either allow them to continue hunting or revoke their privileges and forfeit their 'dues' for the remainder of the season.
I charge $500/ day to hunt my properties if you are uninvited. That way, when I catch someone, we can either go to court or you can pay the $$$ and finish hunting for the rest of the day. I had a tough situation with a group of kids opening day 6 or 7 years ago... I showed up to hunt my farm, there was a car parked at the 2nd gate on my farm (first gate is locked). I blocked them in, then went to my stand. A little 8 pointer passed by me and over the hill, and WWIII erupted. 16 shots, the poor little fellow came back by me missing a leg. I went back to the truck and waited for them to return. A group of 4 kids, between 13 and 17 showed up. Sure enough, 2 were the brothers that I was allowing their single mother to live in the house on the property free of rent (with the caveat being that there was to be absolutely no hunting or trespassing on the rest of the property). The boys invited a couple of their friends from school to come with them that morning. I informed them that it was customary for them to pay BEFORE beginning the hunt, but I felt generous and would allow them to go ahead and pay now and continue hunting. When I told them it was $2000 for the group of four, they said they couldn't pay. I offered to accept their rifles in exchange for payment, or we would have to settle payment in court, or alternatively they would have to plead guilty to trespassing charges and pay those fines.
Long story short, I had them squeaming for quite a while, then when I was done with them, I stopped by the house and evicted the mother and boys. I felt bad about doing that right before Thanksgiving, but she understood that trespassing was the one thing that was an automatic eviction, and she understood I simply could not trust her children to stay off the farm... boys will be boys, especially if they don't have a good father as an example. Word got out that I was an a$$, but it completely shut down not only that group of kids poaching, but also prevented all their classmates from taking advantage of the property as well.
Good thing I caught them that morning... when I checked my shooting houses later that day, most had several empty cartridges in them, and 2 had bullet holes through the walls. There's no telling how many deer they had already poached/ wounded before I caught them. And as reckless as they were with rifles, no telling who could have gotten injured or worse.