Lost one, could not keep tracking

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catman529

Well-Known Member
Joined
Nov 10, 2010
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29,472
City & State/Province
Franklin TN
Shot a doe early this morning. Got down over an hour later to track. Arrow passed thru into ground. Covered in blood but also a little stomach content and white hair. Knew she would die but maybe not as quick. I had already given her well over an hour. So the blood trail was fairly good, only got spotty in a couple places. She paralleled the creek for at least 200 yards and then made the dreaded move. Went down the bank and last drop of blood was on a gravel bar headed to the water. Looked around a while and no deer. I can't hunt the land across the creek, but I looked up the owner's phone number and called. Explained I shot a deer w my bow on neighboring property and it crossed the creek and I wanted to keep tracking. He said no, it's against the law to hunt in the city. Yeah he's mistaken, but how can you tell a very old man he's wrong when you're trying to ask to track a deer. Just had to say thanks and hang up, and give up and head back. I will check the river downstream periodically in case she died in the water but it's unlikely, this is an obvious creek crossing point for deer. Sucks my goal this year was to not lose a single deer especially after losing 2 last year. This time there ain't nothing I can do, now that I've asked the landowner and got a no.
 
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If I cross and find her (ethically I don't see a whole lot wrong with it) then everyone here would know I had trespassed.
 
The big question is who owns the creek?

"The U.S. Supreme Court has held that the bed and banks under all rivers, lakes, and streams that are navigable, for title purposes, are owned by the states, held in trust for the public. Title in this context means ownership. This public-trust ownership extends up to the ordinary high water line, (or ordinary high water mark,) encompassing what is commonly referred to as the submerged and submersible land, as opposed to the upland. This type of navigability is called title navigability."

It seems, if the creek is owned by the state, you could at least go to the high water line on the other side to look without trespassing. Maybe I'm wrong. I have been a time or two in my life. ;) Maybe you could find the deer laying on the bank on the other side???
 
Cat, all you can do is what YOU think is right. Nobody else here has a dog in this fight. YOUR the only one who needs to worry about what YOU do. Good luck with whatever decision you make.
 
BigD_625 said:
The big question is who owns the creek?

"The U.S. Supreme Court has held that the bed and banks under all rivers, lakes, and streams that are navigable, for title purposes, are owned by the states, held in trust for the public. Title in this context means ownership. This public-trust ownership extends up to the ordinary high water line, (or ordinary high water mark,) encompassing what is commonly referred to as the submerged and submersible land, as opposed to the upland. This type of navigability is called title navigability."

It seems, if the creek is owned by the state, you could at least go to the high water line on the other side to look without trespassing. Maybe I'm wrong. I have been a time or two in my life. ;) Maybe you could find the deer laying on the bank on the other side???
it's public water and I have thought of that. Likely the deer went over the high water mark but there is a field so there's a wood line along the creek bank she would have stayed in. Might go back, not sure yet.
 
I know what I would do, but i'm not telling.
Is the land "posted"? Even if it's not it would probably still be illegal to trespass but I would at least "feel" a little better about looking.
From what I hear the fine is only $50.00 or so, I would rather pay the money than see a deer go to waste.
Do what makes you feel better is all I can tell ya.
 
I've heard the river bank is public 10 ft past high water mark. Dont know if that's true. But the property line is not marked or posted that I know of. Just thicket along the creek. Guess it doesn't hurt to look, long as I stay out of the field. Will need to wear some clothes to wade in.
 
I don't mind saying it. I'd be going over there to get the deer. Once I kill a deer, my ethical responsibility trumps permission. Maybe it sounds stupid, but I feel like I owe it to the deer.
 
Due to the overwhelming response in favor of looking, I will be going back. But I will stay out of his field, and search the creek bank.
 
Really kind of surprised, and annoyed, at some of the answers on here. I know being a landowner, what I say goes as it pertains to anything having to do with the property I own and worked my rear-end off�it is about respect for property not belonging to you....not your personal beliefs/obligations. How would you feel if you were in the same position that the property owner is in, right or wrong?

Catman, it stinks, sucks and just about every other adjective you could think of, but the gentleman said no, so you are obligated to do the right thing and stay off of his property. It is not right to do one ethical thing, while doing another unethical, not to mention illegal, one in the process. I hope that deer crossed the creek again back onto the land you were hunting. Keep your head up and let it be a learning experience.
 
TNDeerGuy said:
Really kind of surprised, and annoyed, at some of the answers on here. I know being a landowner, what I say goes as it pertains to anything having to do with the property I own and worked my rear-end off�it is about respect for property not belonging to you....not your personal beliefs/obligations. How would you feel if you were in the same position that the property owner is in, right or wrong?

I would like to think that if I were the landowner, I would let someone recover a legal deer. Especially, since they had the decency to call and ask permission first. Actually, I would offer to help track the deer. Maybe he only said no because he thinks it's illegal. I don't know.
 
The owner is old and thinks its illegal to hunt in the city limits. That's why he said no. Cant argue with an old man who is set on his ways, so i didn't even try to argue. And I'm going to stay out of his field and stick to the river banks.
 
TNDeerGuy said:
Really kind of surprised, and annoyed, at some of the answers on here. I know being a landowner, what I say goes as it pertains to anything having to do with the property I own and worked my rear-end off�it is about respect for property not belonging to you....not your personal beliefs/obligations. How would you feel if you were in the same position that the property owner is in, right or wrong?
I would escort the hunter if it were my property.
 
BigD_625 said:
TNDeerGuy said:
Really kind of surprised, and annoyed, at some of the answers on here. I know being a landowner, what I say goes as it pertains to anything having to do with the property I own and worked my rear-end off�it is about respect for property not belonging to you....not your personal beliefs/obligations. How would you feel if you were in the same position that the property owner is in, right or wrong?

I would like to think that if I were the landowner, I would let someone recover a legal deer. Especially, since they had the decency to call and ask permission first. Actually, I would offer to help track the deer. Maybe he only said no because he thinks it's illegal. I don't know.

I whole-heartedly agree, and I too would be the first to help someone recover a deer on my property, given the situation. However, if a landowner says no, then it means no�regardless of the justification of their reason.
 
Put an ad in the classifieds: "Looking to hire trespasser, will split deer meat with trespasser upon recovery of doe". It sounds like there is a fair amount of interested parties on here :D .
 
TNDeerGuy said:
BigD_625 said:
TNDeerGuy said:
Really kind of surprised, and annoyed, at some of the answers on here. I know being a landowner, what I say goes as it pertains to anything having to do with the property I own and worked my rear-end off�it is about respect for property not belonging to you....not your personal beliefs/obligations. How would you feel if you were in the same position that the property owner is in, right or wrong?

I would like to think that if I were the landowner, I would let someone recover a legal deer. Especially, since they had the decency to call and ask permission first. Actually, I would offer to help track the deer. Maybe he only said no because he thinks it's illegal. I don't know.

I whole-heartedly agree, and I too would be the first to help someone recover a deer on my property, given the situation. However, if a landowner says no, then it means no�regardless of the justification of their reason.
Absolutely. There is no easy answer, and no easy path forward. It's sort of a lose/lose.
 

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